IN RE RIZZO

No. 515 C.D. 2011.

20 A.3d 546 (2011)

In Re: Nomination Petition of Frank RIZZO for City Council at Large for the Republican Party. Appeal of: Ross M. Wolfe and Denise M. Furey.

Commonwealth Court of Pennsylvania.

Decided April 8, 2011.

Publication Ordered April 11, 2011.


Attorney(s) appearing for the Case

J. Matthew Wolfe , Philadelphia, for appellants.

Dennis J. Cogan and Christopher D. Warren , Philadelphia, for appellee.

Ellen M. Kaplan , Philadelphia, for amicus curiae Committee of Seventy.

Lawrence M. Otter , Doylestown, for amici curiae the Caucus of Philadelphia Republican Ward Leaders, the National Conference of Public Officials, Inc., and the Roosevelt-Bentman Trust for American Voters.

BEFORE: BROBSON, Judge, and McCULLOUGH, Judge, and FRIEDMAN, Senior Judge.


OPINION BY Senior Judge FRIEDMAN.

Ross M. Wolfe and Denise M. Furey (Appellants) appeal from the March 23, 2011, order of the Court of Common Pleas of Philadelphia County (trial court), which denied Appellants' petition to set aside the nomination petition of Frank Rizzo (Candidate) for City Council.

Candidate participates in the City of Philadelphia's Deferred Retirement Option Plan (DROP). Under section 22-310(2) of the Philadelphia Code, "employees who...

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