In Re Nomination Petition of Farnese
Supreme Court of Pennsylvania
1Concurring in part, dissenting in partJustice Eakin
I agree with the majority’s conclusion that the mere fact candidate prevailed against the challenge to his nomination petition is insufficient to support an award of costs to him. It will not suffice to submit an invoice with neither explanation of why the award of costs would be “just,” nor reference to 25 P.S. § 2937; likewise, an award without reference to § 2937’s requirement that the award be “just” is insufficient for review purposes.
I disagree, however, that the proper remedy is simply reversal of the order awarding costs. The applicable standard is whether the lower court abused its…
2Cases cited2 opinions
- Township of South Strabane v. PiecknickSupreme Court of Pennsylvania · 1996
- Borough of Beaver v. SteckmanCommonwealth Court of Pennsylvania · 1999