Legal Opinion

In re Fry

Commonwealth Court of Pennsylvania

Decided February 27, 2015PublishedCited by 5 opinions

1Opinion of the Court

OPINION BY

Judge LEADBETTER.

Ian Castaneira (Castaneira), Constable for the Borough of Highspire, appeals from the order of the Court of Common Pleas of Dauphin County which denied Castaneira’s petition for approval of appointment of John Fry as his Deputy Constable pursuant to 44 Pa.C.S. § 7122.1 After argument before a three judge panel we ordered reargument en banc, sua sponte, in order to revisit this court’s holding in In re Hunter, 782 A.2d .610 (Pa.Cmwlth.2001).

Castaneira has served as the elected constable for Highspire since 2010. On January 22, 2013, he filed a petition to approve the…

2Cases cited15 opinions

  1. Commonwealth v. LordSupreme Court of Pennsylvania · 1998
  2. Sweeney v. TuckerSupreme Court of Pennsylvania · 1977
  3. Commonwealth v. MockaitisSupreme Court of Pennsylvania · 2003
  4. Dorrance's EstateSupreme Court of Pennsylvania · 1932
  5. Game Com'n v. Dept. of Env. ResourcesSupreme Court of Pennsylvania · 1989

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3Cited by5 opinions

  1. In Re: JohnCarlo Oren Approbriation of Appointment of Deputy Constable for the Borough of Delaware Water Gap ~ Appeal of: M. RodriguezCommonwealth Court of Pennsylvania · 2017
  2. In Re: Lehigh County Constables ~ Appeal of: D.C. Huber and F. Bainhauer, IIICommonwealth Court of Pennsylvania · 2017
  3. Diamond Manufacturing Company v. WCAB (Archavage)Commonwealth Court of Pennsylvania · 2016
  4. G. Chinniah v. N. ForresterCommonwealth Court of Pennsylvania · 2022
  5. In Re: Petition for Appointment of Constable ~ Appeal of: E. ZamoraCommonwealth Court of Pennsylvania · 2016

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