Schultz v. Philadelphia

Dissenting Opinion by

Mr. Justice Jones:

I would reverse and dismiss the bill of complaint for the reason that the action of the learned court below was based on patently untenable ground and no other matter is properly before us for review at this time.

The court below held, and this court now confirms, that the procedure followed by Philadelphia’s City Council in the enactment of the ordinance providing for the proposed amendments to the City’s Home Buie Charter was “fatally defective in failing to meet the requirements of section 2-201 of the Charter in regard to amendments and to the…