Legal Opinion · Dissent

Gordon v. Philadelphia County Democratic Executive Committee

Superior Court of Pennsylvania

Decided November 7, 2013Published

1Dissent

DISSENTING OPINION BY

BOWES, J.:

I respectfully dissent from the majority’s decision to accept jurisdiction over this appeal and would transfer this case to the Commonwealth Court.

The present matter admittedly involves the operation of the Democratic Party of the City and County of Philadelphia County (the “Party”) and whether Tracy L. Gordon was properly removed from her elected position as a member of the 40th Ward Committee. Appellant claims that the Party rule at issue violates 25 Pa.C.S. § 2842, an enactment contained in the Election Code. Therefore, exclusive jurisdiction over this matter…

2Cases cited6 opinions

  1. Newman v. ThornSupreme Court of Pennsylvania · 1986
  2. Rosenberg v. Holy Redeemer HospitalSupreme Court of Pennsylvania · 1986
  3. Dayhoff v. WeaverCommonwealth Court of Pennsylvania · 2002
  4. Trumbull Corp. v. Boss Construction, Inc.Superior Court of Pennsylvania · 2000
  5. Karpe v. Borough of StroudsburgSupreme Court of Pennsylvania · 1983

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