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STILP v. COM., GENERAL ASSEMBLY

940 A.2d 1227 (2007)

Gene STILP, Appellant v. COMMONWEALTH of Pennsylvania, GENERAL ASSEMBLY, Jack Wagner, Auditor General of the Commonwealth of Pennsylvania, Department of Auditor General, Robert C. Jubelirer, David Brightbill, Robert Mellow, John. M. Perzel, Sam Smith, H.W. Deweese, Leadership of the General Assembly, Noah Wenger, Legislative Audit Advisory Commission, and Robert P. Casey, Jr., Treasurer of the Commonwealth of Pennsylvania, Appellees. Gene Stilp v. Commonwealth of Pennsylvania, General Assembly, Jack Wagner, Auditor General of the Commonwealth of Pennsylvania, Department of Auditor General, Robert C. Jubelirer, David Brightbill, Robert Mellow, John M. Perzel, Sam Smith, H.W. Deweese, Leadership of the General Assembly, Noah Wenger, Legislative Audit Advisory Commission, and Robert P. Casey, Jr., Treasurer of the Commonwealth of Pennsylvania. Appeal of: Senators Jubelirer, Brightbill, and Wenger.

Supreme Court of Pennsylvania.

Decided December 27, 2007.

Attorney(s) appearing for the Case

Linda J. Shorey, Kirkpatrick & Lockhart Preston Gates Ellis, LLP, George A. Bibikos, Harrisburg, for Senators Jubelirer, Brightbill and Wenger.

Gene Stilp, pro se.

Sally Ann Ulrich, PA Treasury Dept., for Robert P. Casey, Jr.

Thomas Walter Dymek, Philadelphia, PA, for General Assembly, et al.

Robert Forman Teplitz, Harrisburg, for Dept. of Auditor General and Jack Wagner.

CAPPY, C.J., CASTILLE, SAYLOR, EAKIN, BAER, BALDWIN, FITZGERALD, JJ.

OPINION

Justice CASTILLE.

The two issues presented in these cross-appeals are: (1) whether a taxpayer, Gene Stilp, has standing to seek, inter alia, a declaratory judgment that the Commonwealth's Auditor General has the authority and duty to audit the financial accounts of the General Assembly (the legislators' appeal); and (2) if the taxpayer does have standing to seek such relief, whether the Auditor General has the authority to audit the...

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