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COUNTY COM'RS ASS'N v. DINGES

935 A.2d 926 (2007)

The COUNTY COMMISSIONERS ASSOCIATION OF PENNSYLVANIA, Lycoming County, Pennsylvania, Tioga County, Pennsylvania, Washington County, Pennsylvania, and Westmoreland County, Pennsylvania, Petitioners v. The Honorable Michael DINGES, District Attorney of the County of Lycoming, The Honorable John Cowley, District Attorney of the County of Tioga, The Honorable John C. Pettit, District Attorney of the County of Washington, The Honorable John Peck, District Attorney of the County of Westmoreland, Commonwealth of Pennsylvania, The Honorable Thomas Corbett, Attorney General of Pennsylvania and The Honorable Anthony E. Wagner, Executive Deputy State Treasurer of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

Decided November 8, 2007.

Attorney(s) appearing for the Case

Robert L. Knupp, Anthony T. McBeth, Harrisburg, for petitioners.

Robert A. Graci, Harrisburg, for respondent, The Hon. Michael Dinges, The Hon. John Cowley, The Hon. John C. Pettit, and The Hon. John Peck.

Howard G. Hopkirk, Sr. Deputy Attorney General, Harrisburg, for respondents, the Commonwealth of Pennsylvania, The Hon. Thomas Corbett, and The Hon. Anthony E. Wagner.

BEFORE: LEADBETTER, President Judge, and McGINLEY, Judge, and SMITH-RIBNER, Judge, and PELLEGRINI, Judge, and FRIEDMAN, Judge, and COHN JUBELIRER, Judge, and SIMPSON, Judge.

OPINION BY Judge SIMPSON.

In this declaratory judgment action, we are again presented with issues stemming from the ill-fated pay raises found in the Act of July 7, 2005, P.L. 201, No. 44 (Act 44). In February 2007, the County Commissioners Association of Pennsylvania (Commissioners) and the counties of Lycoming, Tioga, Washington, and Westmoreland (Counties) (collectively, Petitioners) filed a petition for review in our original jurisdiction seeking a declaratory...

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