Stilp v. Commonwealth

CONCURRING AND DISSENTING OPINION BY

Senior Judge KELLEY.

Unlike the Majority, I believe that Respondents’ preliminary objections should be overruled. Section 1401 of the County Code1 provides, in pertinent part, that *713“[t]he Commonwealth shall annually reimburse each county with a full-time district attorney an amount equal to sixty-five percent of the district attorney’s salary.” 16 P.S. § 1401(p). As a result, I believe that Stilp possesses standing to prosecute the instant matter as a taxpayer of this Commonwealth. See, e.g., Common Cause/Pennsylvania v. Commonwealth, 710 A.2d 108, 116…