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RODDEY v. COUNTY COUNCIL

841 A.2d 1087 (2004)

James C. RODDEY, in his official capacity as Chief Executive of the County of Allegheny, Pennsylvania, Appellant v. COUNTY COUNCIL OF THE COUNTY OF ALLEGHENY, Pennsylvania and Peter R. Defazio, in his official Capacity as Sheriff of Allegheny County, Pennsylvania.

Commonwealth Court of Pennsylvania.

Decided February 5, 2004.

Attorney(s) appearing for the Case

Charles P. McCullough, Pittsburgh, for appellant.

John F. Cambest, Pittsburgh, for appellee, County Council of the County of Allegheny.

Anthony M. Mariani, Pittsburgh, for appellee, P. Defazio.

BEFORE: COLINS, President Judge, and McGINLEY, Judge, SMITH-RIBNER, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, COHN, Judge, and SIMPSON, Judge.

OPINION BY President Judge COLINS.

James C. Roddey, the elected Chief Executive of the County of Allegheny, appeals two orders of the Court of Common Pleas of Allegheny County. The first order dismissed Roddey's complaint against the County Council of the County of Allegheny and the County's Sheriff Peter Defazio, which complaint sought a declaratory judgment that he has the power to exercise a line item veto by reducing...

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