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BUILDING OWNERS v. CITY OF PITTSBURGH

929 A.2d 267 (2007)

BUILDING OWNERS AND MANAGERS ASSOCIATION OF PITTSBURGH, CB Richard Ellis/Pittsburgh, L.P., Winthrop Management, L.P., 110 Gulf Associates, L.P., Frick Lenders Associates, L.P. v. CITY OF PITTSBURGH and Council of the City of Pittsburgh, Service Employees International Union Local 3 and Service Employees International Union, CLC Appeal of Service Employees International Union Local 3 and Service Employees International Union, CLC. Building Owners and Managers Association of Pittsburgh, CB Richard Ellis/Pittsburgh, L.P., Winthrop Management, L.P., 110 Gulf Associates, L.P., Frick Lenders Associates, L.P. v. City of Pittsburgh, and Council of the City of Pittsburgh, Service Employees International Union Local 3 and Service Employees International Union, CLC Appeal of City of Pittsburgh and Council of the City of Pittsburgh.

Commonwealth Court of Pennsylvania.

Decided July 19, 2007.

Attorney(s) appearing for the Case

Michael J. Healey, Pittsburgh, for appellants, Service Employees International Union, Local 3 and Service Employees International Union, CLC.

David F. Toal and Hugh F. McGough, Pittsburgh, for appellees.

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

OPINION BY Judge LEAVITT.

Service Employees International Union, Local 3, and Service Employees International Union, CLC (collectively, Union), appeal an order of the Court of Common Pleas of Allegheny County invalidating Pittsburgh City Ordinance 22-2004, also known as The Protection of Displaced Contract Workers Ordinance. In this case, we consider whether the Ordinance was ultra vires by reason of Section 2962(f) of the Home Rule Charter and Optional Plans...

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