COUNTY OF MERCER v. AMUNDSEN


879 A.2d 366 (2005)

COUNTY OF MERCER, Mercer County Board of Commissioners, Appellants v. Thomas W. AMUNDSEN, Mercer County Controller.

Commonwealth Court of Pennsylvania.

Decided July 13, 2005.


Attorney(s) appearing for the Case

Mark A. Longietti, Sharon, for appellants.

Donald R. McKay, Hermitage, for appellee.

Lewis P. McEwen, Grove City, for amicus curiae, Woodland Place.

BEFORE: COLINS, President Judge, McGINLEY, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, COHN JUBELIRER, Judge, SIMPSON, Judge, and LEAVITT, Judge.


OPINION BY Judge SIMPSON.

This is an appeal from a judgment in mandamus which essentially determined the Mercer County Controller need not disperse part of a loan to the former County nursing home. The Court of Common Pleas of Mercer County (trial court)1 determined that the Mercer County Board of Commissioners (Commissioners) was not authorized to make the loan under The County Code (Code).2 The central issue...

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