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HOFFMAN v. BOROUGH OF MACUNGIE

Nos. 1886 C.D. 2011, 1917 C.D. 2011

63 A.3d 461 (2013)

Rickie HOFFMAN, Mayor of the Borough of Macungie v. The BOROUGH OF MACUNGIE, Borough Council of the Borough of Macungie and Edward Harry, Jr. and James B. Martin, District Attorney of Lehigh County, Pennsylvania. Appeal of James B. Martin, District Attorney of Lehigh County, Pennsylvania. Rickie Hoffman, Mayor of the Borough of Macungie, Appellant v. The Borough of Macungie, Borough Council of the Borough of Macungie, Edward Harry, Jr., and Macungie Borough Police Officers Association and James B. Martin, District Attorney of Lehigh County, Pennsylvania.

Commonwealth Court of Pennsylvania.

Decided January 3, 2013.

Attorney(s) appearing for the Case

Heather F. Gallagher , Senior Deputy District Attorney, and James B. Martin , District Attorney, Allentown, for designated Appellant James B. Martin.

Christopher J. Cook , Harrisburg, for appellees The Borough of Macungie and Macungie Borough Police Officers Association.

Jeffrey R. Dimmich , Orefield, for appellee Rickie Hoffman.

Jeffrey S. Stewart , Allentown, for appellees The Borough of Macungie, Borough Council of the Borough of Macungie and Edward Harry, Jr.

BEFORE: PELLEGRINI, President Judge, and McGINLEY, Judge, and LEADBETTER, Judge, and COHN JUBELIRER, Judge, and SIMPSON, Judge, and McCULLOUGH, Judge, and COVEY, Judge.

OPINION BY Judge SIMPSON.

In these over-litigated cross-appeals raising numerous issues, we consider several questions concerning the division of authority within the local government of the Borough of Macungie (Macungie). Specifically, we address the separation of powers between Macungie's mayor, its borough council (Borough Council), and the District Attorney of Lehigh County.

In his appeal, the District Attorney, James B. Martin (D.A. Martin), appeals an...

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