Opinion

In Re Nomination Petition of Freeman

  • 115 Pa. Commw. 300
  • 540 A.2d 606
  • 1988 Pa. Commw. LEXIS 231
Court
Commonwealth Court of Pennsylvania
Filed
Apr 8, 1988
Status
Published
Author
Palladino
On the bench
Doyle, Palladino, Smith
Cited by
8 cases

stating that it is not necessary for signatures to appear in chronological order

How later courts described this case

  • stating that it is not necessary for signatures to appear in chronological order

Written by the judges who cited it.

The opinion

Concurring Opinion by

Judge Palladino,

April 11, 1988:

Although I concur in the result, I find it necessary to make some observations about the majority opinion because of my concern about the discussion of issues which need not be addressed to resolve these eleven cases.

The majority correctly holds on pages 308-309 that the 51st Ward Executive Committee was never a party and never petitioned to intervene in this case. Nonetheless, the majority does discuss the issue of standing. Majority op. at 308 n.6.

First, the majority, sua sponte, concludes that a ward executive committee has standing to challenge the nominating petitions of divisional candidates for the office of ward executive committee (each division elects two individuals to serve on the ward executive committee). Then the majority, again sua sponte, opines that the Pennsylvania Supreme Court has determined that standing is not jurisdictional.

Once the majority concluded that the 51st Ward Executive Committee was not a party and had not sought to intervene, any discussion of whether a ward executive committee would have standing to challenge the nominating petition of a divisional candidate and whether standing is jurisdictional is incorrect. Additionally, the cases cited, Barlip and Jones Memorial Baptist Church, are not necessarily dispositive of those issues. Any indication of how this court would resolve them is presumptuous and premature. The resolution of these matters should be deferred until they are raised as issues before this court and counsel have had an opportunity to address them.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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