Legal Opinion

In re Nominating Petition of Weinberg

Pennsylvania Court of Common Pleas, Philadelphia County

Decided March 25, 1999No. 2347Published

1Opinion of the Court

HERRON, J.,

INTRODUCTION

In objecting to the nomination petition of Marty Weinberg for mayor of Philadelphia, petitioner, Happy Fernandez, challenges whether he has satisfied the three-year residency requirement for mayor. In essence, she alleges that he abandoned his Philadelphia domicile — albeit perhaps for only a period of months — in favor of a home in Bala Cynwyd that was purchased in December 1997 and then inhabited by candidate Weinberg’s stepson and daughter-in-law in April 1998 until it was sold in October 1998. Following an evidentiary hearing, this court found the evidence presented…

2Cases cited14 opinions

  1. McCarthy v. Philadelphia Civil Service CommissionSupreme Court of the United States · 1976
  2. Dorrance's EstateSupreme Court of Pennsylvania · 1932
  3. Lesker CaseSupreme Court of Pennsylvania · 1954
  4. Fry's Election CaseSupreme Court of Pennsylvania · 1872
  5. McCarthy v. Philadelphia Civil Service CommissionCommonwealth Court of Pennsylvania · 1975

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