Opinion

CITY COUN. OF BETHLEHEM v. Marcincin

  • 512 Pa. 1
  • 515 A.2d 1320
  • 1986 Pa. LEXIS 875
Court
Supreme Court of Pennsylvania
Filed
Oct 3, 1986
Status
Published
Author
Larsen
On the bench
Nix, Larsen, Flaherty, McDermott, Papadakos
Cited by
23 cases

concluding that an ordinance limiting a mayor to two consecutive terms was not irreconcilable with a statute providing that a mayor shall be eligible for reelection

How later courts described this case

  • concluding that an ordinance limiting a mayor to two consecutive terms was not irreconcilable with a statute providing that a mayor shall be eligible for reelection
  • reversing dismissal of municipality's declaratory judgment action and holding that ordinance limiting office of mayor to two terms was valid exercise of municipal authority and did not conflict with state statute
  • recognizing that a legislative enactment which “dilutes the vote of any segment of the constituency” will violate Article I, Section 5
  • restating that when an ordinance conflicts with a statute, the municipal will must be respected unless conflict between the statute and ordinance is irreconcilable

Written by the judges who cited it.

The opinion

LARSEN, Justice,

dissenting.

I dissent and in support thereof cite the opinion in this case of the Court of Common Pleas of Northamption County, No. 1985-C-345, authored by the Honorable Richard D. Grifo.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.