Legal Opinion
Genkinger v. New Castle
Supreme Court of Pennsylvania
Decided November 15, 1951No. Appeal, 130PublishedCited by 77 opinions
1Opinion of the Court
Opinion by
Mr. Justice Bell,
Plaintiff brought a taxpayer’s bill to declare null and void an ordinance of the City of New Castle, enacted December 1, 1947, setting up a pension or retirement system for officers and employees of the City, and praying for an injunction to prevent payments thereunder by the City to the Officers’ and Employees’ Retirement Board.
Municipalities are not sovereigns; they have no original or fundamental power of legislation; they have the right and power to enact only those ordinances which are authorized by an act of the legislature: Kline v. Harrisburg, 362 Pa. 438,…
2Cases cited18 opinions
- Presser v. IllinoisSupreme Court of the United States · 1886
- Mayor of New York v. MilnSupreme Court of the United States · 1837
- Packet Co. v. KeokukSupreme Court of the United States · 1877
- Kline v. HarrisburgSupreme Court of Pennsylvania · 1949
- Murray v. PhiladelphiaSupreme Court of Pennsylvania · 1950
13 more not listed; retrieve them via the Exa API.
3Cited by77 opinions
- Washington Arbitration CaseSupreme Court of Pennsylvania · 1969
- County of Allegheny v. CommonwealthSupreme Court of Pennsylvania · 1985
- Cleaver v. Board of AdjustmentSupreme Court of Pennsylvania · 1964
- Cali v. PhiladelphiaSupreme Court of Pennsylvania · 1962
- Allentown School District Mercantile Tax CaseSupreme Court of Pennsylvania · 1952
72 more not listed; retrieve them via the Exa API.