Koter v. Cosgrove

OPINION BY

Judge COHN.

The primary question we are asked here to decide is whether taxpayers can challenge the result of a ballot referendum in equity, rather than under the auspices of Section 201.1 of the Pennsylvania Election Code (Election Code), 1 the latter of which contains specific time deadlines for such challenges. We must also consider whether a petition to intervene, for purposes of appeal, was properly granted by the trial court.

Plaintiffs, who are Appellants here at No. 486 C.D. 2003, are registered voters within the City of Wilkes-Barre, Luzerne County. Plaintiffs initiated an…