PILCHESKY v. RENDELL


932 A.2d 287 (2007)

Joseph PILCHESKY, Petitioner v. Edward RENDELL, Governor, State Senator Robert Mellow, Democratic Caucus Leader, Representative Wm. DeWeese, House Majority Leader, Pa. State Senate President Pro Tempore, Joseph Scarnati, House of Representatives Speaker of the House, Dennis O'Brien, City Counsel of the City of Scranton, Mayor Chris Doherty of City of Scranton, The University of Scranton, Inc., Respondents.

Commonwealth Court of Pennsylvania.

Decided August 13, 2007.


Attorney(s) appearing for the Case

Joseph Pilchesky, petitioner, pro se.

James F. Tierney, Scranton, for respondent State Senator Robert Mellow. Jonathan F. Bloom, Philadelphia, for respondents, Representative Wm. DeWeese and House of Representatives Speaker of the House, Dennis O'Brien. Anthony R. Holtzman, Harrisburg, for respondent, Pa. State Senate President Pro Tempore. Alan P. Schoen, Scranton, for respondent, Mayor Chris Doherty. J. Timothy Hinton, Jr., Scranton, for respondent, the University of Scranton, Inc.

BEFORE: COLINS, Judge, and FRIEDMAN, Judge, and KELLEY, Senior Judge.


OPINION BY Judge COLINS.

Joseph Pilchesky has filed an amended petition for review seeking a declaratory judgment and injunctive relief, to which the Respondents have filed preliminary objections which the Court will now address.1

As Senior Judge Feudale succinctly noted, this matter involves

the transfer of a 10-acre Complex that was known as the "South Side Complex." The Complex, which was purchased in 1977 with "Project...

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