Township of Perkiomen v. Mest

I dissent. In Schauer v. Whitehall Borough, 413 Pa. 6, 194 A.2d 318 (1963), we said:

While it is true that a municipality may abolish the office of chief of police and a presumption arises that the municipal officers have acted properly in so doing, where there is affirmative evidence of bad faith on the part of the municipality, a court is justified in disregarding such legislation. Mamallis v. Millbourne Borough, 401 Pa. 375, 378, 164 A.2d 209, 211 (1960).

In view of the affirmative evidence of bad faith presented in this case, the trial court was justified in disregarding resolution 82-9 of…