FRATERNAL ORDER v. CITY OF ALLENTOWN


894 A.2d 224 (2006)

FRATERNAL ORDER OF POLICE, QUEEN CITY LODGE NO. 10 v. CITY OF ALLENTOWN, Roy C. Afflerbach, in his official capacity as Mayor and Director of Public Safety of the City of Allentown; Chief of Police Stephen Kuhn, in his official capacity as Chief of Police of the Allentown Police Department; Joseph C. Blackburn, in his official capacity as Executive Assistant Chief of Police of the Allentown Police Department; Ronald Manescu, in his official capacity as Assistant Chief of Police of the Allentown Police Department; David M. Howells, Jr., in his official capacity as Chief Inspector of the Allentown Police Department; Barbara Hawkins, in her official capacity as Inspector of the Allentown Police Department; R. Dane Merryman, in his official capacity as Inspector of the Allentown Police Department; Francis Peters, in his official capacity as Inspector of the Allentown Police Department; Jose Rodrigez, in his official capacity as Inspector of the Allentown Police Department, Appellants.

Commonwealth Court of Pennsylvania.

Decided March 10, 2006.


Attorney(s) appearing for the Case

Michael McAuliffe Miller, Harrisburg, for appellants.

Anthony M. Caputo, Harrisburg, for appellee.

BEFORE: SMITH-RIBNER, Judge, and FRIEDMAN, Judge, and FLAHERTY, Senior Judge.


OPINION BY Judge SMITH-RIBNER.

The City of Allentown and various administrative and police officials (City) appeal from an order of the Court of Common Pleas of Lehigh County that granted in part and denied in part motions for summary judgment filed by both sides in an action filed by the Fraternal Order of Police, Queen City Lodge No. 10(FOP) seeking declaratory, mandamus and quo warranto relief in regard to the appointment...

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