Legal Opinion · Dissent

Goldsmith v. CITY COUNCIL OF CITY OF EASTON

Commonwealth Court of Pennsylvania

Decided February 11, 2003Published

1Dissent

Dissenting Opinion By

Senior Judge KELLEY.

I respectfully dissent.

Section 410(b) of the Optional Third Class City Charter Law (Law)1 provides, in pertinent part, that “[t]he council may provide for the manner of appointment of a city solicitor ...” Pursuant to this provision, the City Council enacted Ordinance 2348, which vests the City Council with the sole and exclusive authority to appoint, or remove, the City Solicitor and the Assistant City Solicitor. In this appeal, the Majority affirms the trial court’s order based upon the trial court’s opinion which states, inter alia, that the…

2Cases cited6 opinions

  1. Daly v. HemphillSupreme Court of Pennsylvania · 1963
  2. Bailey v. WatersSupreme Court of Pennsylvania · 1932
  3. Moore v. ReedCommonwealth Court of Pennsylvania · 1989
  4. Symon v. Tomljanovic.Commonwealth Court of Pennsylvania · 1983
  5. Waymart Water Co. v. Borough of WaymartSuperior Court of Pennsylvania · 1897

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