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FRATERNAL ORDER OF POLICE v. YABLONSKY

867 A.2d 658 (2005)

FRATERNAL ORDER OF POLICE, FORT PITT LODGE NO. 1, by and through its Trustee Ad Litem, FOP President Michael Havens; and Michael Havens, in his capacity as a resident and taxpayer of the City of Pittsburgh, County of Allegheny, Commonwealth of Pennsylvania, Petitioners, v. Dennis YABLONSKY, in his Capacity as Secretary, Commonwealth of Pennsylvania, Department of Community and Economic Development; Commonwealth of Pennsylvania, Department of Community and Economic Development; Public Financial Management; Eckert Seamans Cherin & Mellott L.L.C.; City of Pittsburgh; The Honorable Tom Murphy, in his capacity as Mayor of the City of Pittsburgh, Respondents.

Commonwealth Court of Pennsylvania.

Decided January 25, 2005.

Attorney(s) appearing for the Case

Eric C. Stoltenberg, A. Bryan Campbell, and Joshua M. Bloom, Pittsburgh, for petitioners.

Clifford B. Levine and Susan E. Malie, Pittsburgh, for respondents.

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

OPINION BY President Judge COLINS.

The defendants in this action have filed preliminary objections to the second amended complaint filed by the Fraternal Order of Police, Fort Pitt Lodge, No.1 (FOP). The complaint seeks a declaratory judgment that the Pittsburgh Recovery Plan (Plan), developed pursuant to the Municipalities Financial Recovery Act (Act 47), Act of July 10, 1987, P.L. 246, as amended, 53 P.S. §§ 11701.101 — 11701.501, is invalid...

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