ELLIOTT GREENLEAF SUCCESSFULLY DEFENDS LUZERNE COUNTY AGAINST PROTHONOTARY’S CONSTITUTIONAL ATTACK UPON COUNTY’S HOME RULE CHARTER

On March 18, 2011, the Court granted Elliott Greenleaf’s client Luzerne County’s preliminary objections to Prothonotary Olenginski’s lawsuit challenging the constitutionality of Luzerne County’s Home Rule Charter. In November 2010, a majority of the voters of Luzerne County voted to adopt a home rule charter form of government. The Prothonotary filed an equity complaint and request for preliminary and permanent injunctive relief arguing that the home rule charter violated the doctrine of separation of powers. Elliott Greenleaf successfully argued the absence of any recognized doctrine of separation of powers at the municipal level of government. The Court further affirmed Elliott Greenleaf’s position that the Prothonotary is not a member or employee of the Judiciary and, therefore, lacks standing to assert the rights of the Judiciary.


John G. Dean
, Mark W. Bufalino and Matthew J. Carmody of the Firm’s Scranton and Wilkes-Barre offices successfully represented Luzerne County in this matter.