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BOROUGH OF WILKINSBURG v. COLELLA

No. 173 C.D. 2008.

961 A.2d 265 (2008)

BOROUGH OF WILKINSBURG, Appellant v. Richard COLELLA and Civil Service Commission of Wilkinsburg Borough.

Commonwealth Court of Pennsylvania.

Decided November 26, 2008.

Attorney(s) appearing for the Case

Patricia L. McGrail, White Oak, for appellant.

Justin T. Barron, Pittsburgh, for appellee, Richard Colella.

BEFORE: PELLEGRINI, Judge, SIMPSON, Judge, and FLAHERTY, Senior Judge.

OPINION by Judge SIMPSON.

In this civil service appeal, we decide whether a borough must select the top-scoring applicant for promotion, or whether it may choose from a list of the three highest scoring applicants. In particular, Wilkinsburg Borough (Borough) appeals a decision of the Court of Common Pleas of Allegheny County (trial court) that sustained the statutory appeal of Richard Colella, the top-scoring applicant, thereby requiring his appointment as Captain...

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