Thayer v. Lincoln Borough

LEADBETTER, Judge.

Lincoln Borough, its Mayor and council members (Borough) appeal from the orders of the Court of Common Pleas of Allegheny County which granted the mandamus petitions of Marlene M. Thayer and Josephine M. Gabauer and decreed that they be administered oaths of office for the positions of elected auditor of Lincoln Borough. The question presented is whether the lower court abused its discretion by granting the relief sought despite the enactment of Ordinance No. 87-04 which abolished the positions of elected auditor pursuant to section 1005 of the Borough Code.1

On December 24,…