COUNCIL OF CITY OF PHILADELPHIA v. STREET


856 A.2d 893 (2004)

The COUNCIL OF the CITY OF PHILADELPHIA v. Honorable John F. STREET, Appellant.

Commonwealth Court of Pennsylvania.

Decided August 25, 2004.


Attorney(s) appearing for the Case

Arlin M. Adams, Philadelphia, for appellant.

Robert C. Daniels, Philadelphia, for appellee.

BEFORE: McGINLEY, Judge, and SMITH-RIBNER, Judge, and FRIEDMAN, Judge, and LEADBETTER, Judge, and COHN, Judge.


OPINION BY Judge COHN.

The Mayor of Philadelphia, the Honorable John F. Street (Mayor) appeals from the order of the Court of Common Pleas of Philadelphia County (common pleas), granting the motion for peremptory judgment filed by the Council of the City of Philadelphia (Council), and denying the Mayor's motion for summary judgment. On appeal, we are asked to decide whether common pleas erred in holding that it is within...

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