In re Mayor in Borough of Marietta

Commonwealth Court of Pennsylvania

In re Mayor in Borough of Marietta

498 A.2d 60, 92 Pa. Commw. 138, 1985 Pa. Commw. LEXIS 1199

CourtCommonwealth Court of Pennsylvania

DecidedOctober 2, 1985

DocketAppeal, No. 1892 C.D. 1985

StatusPublished

This text of 498 A.2d 60 (In re Mayor in Borough of Marietta) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Mayor in Borough of Marietta, 498 A.2d 60, 92 Pa. Commw. 138, 1985 Pa. Commw. LEXIS 1199 (Pa. Ct. App. 1985).

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Opinion

Opinion by

Judge MacPhail,

Before us is an appeal of a decision and order of the Court of Common Pleas of Lancaster County which dismissed the petition of Bernard R. McDevitt¹ (Petitioner) in regard to the Republican Primary Election for Mayor of the Borough of Marietta, Lancaster County, Pennsylvania.

Petitioner alleges that an improperly registered individual, Timothy P. Sadler, erroneously was not allowed to vote, and had he been allowed to vote, his vote would have made a substantial difference in the outcome of the mayoral primary election.

[140]*140We must emphasize that we are not here presented with a voter’s challenge but with a losing candidate’s objection to the validity of the election, and in our view, this distinction is critical.

We conclude that, after a careful review of the record and applicable case law, the trial court correctly disposed of the issues raised. Accordingly, we affirm on the basis of the able and comprehensive opinion of. the Honorable Paul A. Mueller, Jr., President Judge and the Honorable D. Richard Eckman, (Honorable Michael J. Perezous, dissenting), in Re: In Regard to the Republican Primary Election for Mayor in the Borough of Marietta, Lancaster County, Pennsylvania, reported in 69 Lane. L.R. 525 (1985).

Order

The order of the 'Court of Common Pleas of Lancaster County, No. 1795 of 1985, dated July 2, 1985, is hereby affirmed.

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Opinion by

Judge MacPhail,

Before us is an appeal of a decision and order of the Court of Common Pleas of Lancaster County which dismissed the petition of Bernard R. McDevitt¹ (Petitioner) in regard to the Republican Primary Election for Mayor of the Borough of Marietta, Lancaster County, Pennsylvania.

Petitioner alleges that an improperly registered individual, Timothy P. Sadler, erroneously was not allowed to vote, and had he been allowed to vote, his vote would have made a substantial difference in the outcome of the mayoral primary election.

[140]*140We must emphasize that we are not here presented with a voter’s challenge but with a losing candidate’s objection to the validity of the election, and in our view, this distinction is critical.

We conclude that, after a careful review of the record and applicable case law, the trial court correctly disposed of the issues raised. Accordingly, we affirm on the basis of the able and comprehensive opinion of. the Honorable Paul A. Mueller, Jr., President Judge and the Honorable D. Richard Eckman, (Honorable Michael J. Perezous, dissenting), in Re: In Regard to the Republican Primary Election for Mayor in the Borough of Marietta, Lancaster County, Pennsylvania, reported in 69 Lane. L.R. 525 (1985).

Order

The order of the 'Court of Common Pleas of Lancaster County, No. 1795 of 1985, dated July 2, 1985, is hereby affirmed.

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Bluebook (online)

498 A.2d 60, 92 Pa. Commw. 138, 1985 Pa. Commw. LEXIS 1199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mayor-in-borough-of-marietta-pacommwct-1985.