Legal Opinion

Kelly v. Drab

Pennsylvania Court of Common Pleas, Montgomery County

Decided February 21, 1980No. 80-2245Published

1Opinion of the Court

SALUS, J.,

This case and a companion case for appointment of a borough councilman for Conshohocken Borough, No. 82 January 1980, arises from a local brush fire caused by the resignation of councilman Charles F. Kelly after his election and investiture shortly after the first of the year 1980.

The facts are that Councilman Kelly was elected in the November, 1979 General Election as councilman for the Fifth Ward. He joined three other Democrats on council making a four to three split on council. The Mayor of Conshohocken is Republican.

Councilman Kelly was sworn in on January 7, 1980, with others…

2Cases cited4 opinions

  1. Edwards v. United StatesSupreme Court of the United States · 1881
  2. Commonwealth, ex rel. Gast v. KellySupreme Court of Pennsylvania · 1917
  3. Commonwealth v. KrapfSupreme Court of Pennsylvania · 1915
  4. Steel v. CommonwealthSupreme Court of Pennsylvania · 1852

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