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KOTER v. COSGROVE

844 A.2d 29 (2004)

Vaughn KOTER, Ralph Vivian, Sally Ann McGuire, Emil Feist, Michele Kane, Christopher Evans, Sister Mary Eleanor Thornton, RSM, Ruth Whalen, Teresa Hustey, George Hammerbacher, Simon Daywood, Samir Maroun, John Thornton and Elwood Rosengrant v. Joseph COSGROVE, John Elias, and Constance Wynn, in their capacity as the Luzerne County Board of Elections and Kevin Jordan as Director of Voter Services for Luzerne County and the City of Wilke-Barre. Appeal of W-B Taxpayers Association and The Green Party, Vaughn Koter, Ralph Vivian, Sally Ann McGuire, Emil Feist, Michele Kane, Christopher Evans, Sister Mary Eleanor Thornton, RSM, Ruth Whalen, Teresa Hustey, George Hammerbacher, Simon Daywood, Samir Maroun, John Thornton and Elwood Rosengrant, Appellants, v. Joseph Cosgrove, John Elias, and Constance Wynn, in their capacity as the Luzerne County Board of Elections and Kevin Jordan as Director of Voter Services for Luzerne County and the City of Wilke-Barre, W-B Taxpayers Association and The Green Party.

Commonwealth Court of Pennsylvania.

Decided January 14, 2004.

Reargument Denied March 16, 2004.

Attorney(s) appearing for the Case

James A. Gibbons, Scranton, for appellants.

Harry W. Skene, Pittston, for appellees, Wilkes-Barre Taxpayer Assoc., et al.

William E. Vinsko, Jr., Wilkes-Barre, for appellee, Wilkes-Barre City.

BEFORE: PELLEGRINI, Judge, and COHN, Judge, and McCLOSKEY, Senior Judge.

Reargument En Banc Denied March 16, 2004.

OPINION BY Judge COHN.

The primary question we are asked here to decide is whether taxpayers can challenge the result of a ballot referendum in equity, rather than under the auspices of Section 201.1 of the Pennsylvania Election Code (Election Code),1 the latter of which contains specific time deadlines for such challenges. We must also consider whether a petition to intervene, for purposes...

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