Opinion

Spykerman v. Levy

  • 491 Pa. 470
  • 421 A.2d 641
  • 1980 Pa. LEXIS 798
Court
Supreme Court of Pennsylvania
Filed
Sep 22, 1980
Status
Published
Author
Flaherty
On the bench
Nix, Flaherty, Larsen, O'Brien
Cited by
40 cases

holding that the public interest requires the general performance of the duties of a public office pending the litigation, a concern not present here with respect to the offices of district attorney and sheriff of Macon County, and that the trial court "abused its discretion" by issuing an injunction that "cripplfed] the daily operations of the government”

How later courts described this case

  • holding that the public interest requires the general performance of the duties of a public office pending the litigation, a concern not present here with respect to the offices of district attorney and sheriff of Macon County, and that the trial court "abused its discretion" by issuing an injunction that "cripplfed] the daily operations of the government”
  • challenge to jurisdiction of court of common pleas to fill vacancy on board of supervisors
  • “Here again the court is not directly involved in evaluating constitutional qualifications, but rather in preserving the integrity of our public institutions.”
  • “Historically, Pennsylvania courts have held that the quo warranto action is the sole and exclusive method to try title or right to public office.”

Written by the judges who cited it.

The opinion

FLAHERTY, Justice,

concurring.

I adopt the rationale expressed by Mr. Justice Larsen, but concur in the result reached by the majority opinion in this case.

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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