Martin v. Kelleher

OPINION BY

Senior Judge FLAHERTY.

Cherlynn M. Martin and Tina Fuhrman, individually and in their capacity as members of the Petitioners’ Committee for Referendum on City of Reading Ordinance No. 43-2004, (collectively Petitioners), appeal from an order of the Court of Common Pleas of Berks County (trial court) which denied and dismissed Petitioners’ complaint in mandamus. We reverse.

On October 11, 2004 Reading City Council adopted Ordinance No. 43-2004, which requires pre-settlement home inspections for all residential properties sold or transferred in the City of Reading (City) and sets forth…