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BOARD OF COM'RS OF BEDFORD COUNTY v. LING

No. 662 M.D. 2012

92 A.3d 112 (2014)

The BOARD OF COMMISSIONERS OF BEDFORD COUNTY, Commissioner Kirt B. Morris, Commissioner Steven K. Howsare, Commissioner S. Paul Crooks and Bedford County Treasurer Paula K. Sheirer, Petitioners v. President Judge Thomas S. LING, Court of Common Pleas of Bedford County, Respondent.

Commonwealth Court of Pennsylvania.

Decided May 21, 2014.

Attorney(s) appearing for the Case

Clifford B. Levine , Pittsburgh, for petitioners.

Caroline P. Liebenguth , Philadelphia, for respondent.

BEFORE: DAN PELLEGRINI, President Judge, and BERNARD L. McGINLEY, Judge, and BONNIE BRIGANCE LEADBETTER, Judge, and COHN JUBELIRER, Judge, and MARY HANNAH LEAVITT, Judge, and P. KEVIN BROBSON, Judge, and ANNE E. COVEY, Judge.

OPINION BY Judge BROBSON.

The Board of Commissioners (Commissioners) and Treasurer of Bedford County (collectively, Petitioners) initiated this action in our original jurisdiction, seeking declaratory and equitable relief with respect to three statutorily-based funds.1 Judicial intervention has become necessary because of a dispute over who within county government has the authority to maintain and control disbursement from those funds...

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