Legal Opinion

Borough of Wilkinsburg v. Colella

Commonwealth Court of Pennsylvania

Decided November 26, 2008No. 173 C.D. 2008PublishedCited by 6 opinions

1Opinion of the Court

OPINION by

Judge SIMPSON.

In this civil service appeal, we decide whether a borough must select the top-scoring applicant for promotion, or whether it may choose from a list of the three highest scoring applicants. In particular, Wilkinsburg Borough (Borough) appeals a decision of the Court of Common Pleas of Allegheny County (trial court) that sustained the statutory appeal of Richard Co-lella, the top-scoring applicant, thereby requiring his appointment as Captain of the Borough Fire Department. Concluding that promotions require the appointment of the top-scoring applicant, we affirm.

Borough…

2Cases cited4 opinions

  1. Commonwealth Ex Rel. Maurer v. O'Neill.Supreme Court of Pennsylvania · 1951
  2. Day v. Civil Service CommissionSupreme Court of Pennsylvania · 2007
  3. McGrath v. StaiseySupreme Court of Pennsylvania · 1968
  4. Judd v. COLESCommonwealth Court of Pennsylvania · 1973

3Cited by6 opinions

  1. Pacella v. Washington County Tax Claim BureauCommonwealth Court of Pennsylvania · 2010
  2. Schlarp v. DernDistrict Court, W.D. Pennsylvania · 2009
  3. Higgins v. Lower Merion TownshipCommonwealth Court of Pennsylvania · 2011
  4. Higgins v. Lower Merion TownshipCommonwealth Court of Pennsylvania · 2011
  5. Higgins v. Lower Merion TownshipCommonwealth Court of Pennsylvania · 2011

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