City of Scranton v. Leo Lynn

Opinion by

Judge Crumlish, Jr.,

This is an appeal from a decision of the Court of Common Pleas, Lackawanna County, declaring the Act of August 31, 1971, P. L. 413, No. 98, as amended, 53 P.S. §101 (Act No. 98) unconstitutional.

On October 8, 1971, Leo Lynn filed in the Court of Common Pleas, Lackawanna County, a petition for a declaratory judgment. This petition sought a determination of the constitutionality of Act No. 98 which ■in pertinent part reads:

“For the purpose of legislation regulating their municipal affairs, the exercise of certain corporate powers, and having respect to the number,…