Elliott Greenleaf Wins Appeal On Election Law Issue of First Impression in the Pennsylvania Commonwealth Court
Elliott Greenleaf successfully obtained a reversal of a trial court ruling when the Commonwealth Court of Pennsylvania, in an issue of first impression in the Commonwealth, reinstated a Borough of Darby councilperson in a contested political battle in Delaware County, Pennsylvania.
This case arose from the Borough Council's filling a vacancy on the Council upon the untimely death of a councilperson in March. With the advice of its then solicitor, the Borough Council appointed Theresa Coghlan to the Office. For reasons unknown, no election for the Office was held at the November 4, 2003 Municipal Election. On January 5, 2004, after control of the Borough Council changed as a result of the 2003 Municipal Election, the Borough Council held its biennial organization meeting. The parties agreed that, as a matter of law, on January 5, 2004, Mrs. Coghlan's term as a councilperson expired, leaving the Office of First Ward Councilperson vacant. Borough Council filled the vacancy by appointing Marie Howells to the vacant position.
The Commonwealth Court, in an opinion by Judge Mary Hannah Leavitt, on behalf of the three judge panel, agreed with Elliott Greenleaf's arguments, and ruled that the Council properly nominated and elected a duly qualified resident of the Borough's First Ward to fill the existing vacancy caused by the expiration of Mrs. Coghlan's term. The Commonwealth Court also ruled that the new councilperson's term of office extends until January 2, 2006; that an elector lacks standing to bring a civil action seeking removal of a borough councilperson; that the borough council acted properly and in accordance with the Borough Code by filling a vacant council seat on January 5, 2004; and, the trial court lacked authority to order a special election in a borough.
The Borough of Darby and its Borough Council were represented by the Firm's shareholder, Raymond J. Santarelli. |
