Legal Opinion

Borough of Pitcairn v. Westwood

Commonwealth Court of Pennsylvania

Decided March 29, 2004PublishedCited by 9 opinions

1Opinion of the Court

OPINION BY

Judge SIMPSON.

In this first-impression appeal by a displaced police chief, we consider the effect of full compliance with the statutory civil service process on his appointment by a borough council majority about to leave office. We affirm the conclusion of the Court of Common Pleas of Allegheny County (trial court) that the outgoing council majority improperly sought to bind the successor council to the appointment of the police chief.

As the undisputed sequence of events is important, we detail it here. In August 2001, the chief of police of the Borough of Pitcairn (Borough)…

2Cases cited18 opinions

  1. Scott v. Philadelphia Parking AuthoritySupreme Court of Pennsylvania · 1960
  2. Moore v. Luzerne CountySupreme Court of Pennsylvania · 1918
  3. Mitchell v. Chester Housing AuthoritySupreme Court of Pennsylvania · 1957
  4. Fraternal Order of Police, E.B. Jermyn Lodge 2 V. HickeySupreme Court of Pennsylvania · 1982
  5. Gagliardi v. Ambridge BoroughSupreme Court of Pennsylvania · 1960

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3Cited by9 opinions

  1. Pennsylvania Bankers Ass'n v. Pennsylvania Department of Banking & Trumark Financial Credit UnionCommonwealth Court of Pennsylvania · 2006
  2. Deforte v. Borough of WorthingtonSupreme Court of Pennsylvania · 2019
  3. Ephrata Area School District v. County of LancasterCommonwealth Court of Pennsylvania · 2005
  4. Hoffman v. Borough of MacungieCommonwealth Court of Pennsylvania · 2013
  5. Carbo v. Redstone TownshipCommonwealth Court of Pennsylvania · 2008

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