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M.B. INVESTMENTS v. McMAHON

903 A.2d 642 (2006)

M.B. INVESTMENTS, A Pennsylvania General Partnership, and Vaughn Spencer, Michael Schorn, Angel Figueroa, and Dennis Sterner, in their capacities as City Council Members and Taxpayers of the City of Reading, Appellants v. Thomas W. McMAHON, Mayor of the City of Reading and Jeffrey Waltman, Marcia Goodman-Hinnershitz, and Donna Reed.

Commonwealth Court of Pennsylvania.

Decided July 28, 2006.

Attorney(s) appearing for the Case

William F. Fox, Jr., Audubon and Andrew J. Giorgione, Harrisburg, for appellants.

LeRoy G. Levan, Shillington, for appellee, Thomas M. McMahon.

Stephen V. Yarnell, Narberth, for appellees, Jeffrey Waltman, Marcia Goodman-Hinnershitz and Donna Reed.

BEFORE: PELLEGRINI, Judge, and LEAVITT, Judge, and KELLEY, Senior Judge.

OPINION BY Judge PELLEGRINI.

M.B. Investments (MB), along with Vaughn Spencer, Michael Schorn, Angel Figueroa and Dennis Sterner, appeal from an order of the Court of Common Pleas of Berks County (trial court) denying their motion for peremptory judgment in mandamus because the Option Agreement passed by Resolution No. 109-2005 involving the sale or conveyance of land was required to be passed by ordinance subject to Mayor Thomas W. McMahon's (Mayor McMahon) veto...

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