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DEER CREEK DRAINAGE v. CTY. BD. OF ELEC.

475 Pa. 491 (1977)

381 A.2d 103

DEER CREEK DRAINAGE BASIN AUTHORITY, a Municipal Corporation, Township of West Deer, Pennsylvania, a Home Rule Municipal Corporation, and Township of Indiana, Pennsylvania, a Municipal Corporation, Petitioners, v. COUNTY BOARD OF ELECTIONS OF the COUNTY OF ALLEGHENY, James J. Flaherty, Thomas J. Foerster, and Robert N. Pierce, Jr., in their official capacity as Commissioners of the County of Allegheny and Ex-Officio members of the Board of Elections of Allegheny County, Respondents.

Supreme Court of Pennsylvania.

Decided November 1, 1977.

Dissenting Opinion December 21, 1977.

Attorney(s) appearing for the Case

Louis M. Tarasi, Solicitor for Deer Creek Drainage Basin Authority and Special Counsel for the Townships of West Deer and Indiana, Pittsburgh, for petitioner.

James H. McLean, Asst. County Sol., Martin W. Sheerer, Dillman, Sheerer & Schuchert, Pittsburgh, for respondents.

Maxine Woelfling, Asst. Atty. Gen., Harrisburg, David T. Buente, Pittsburgh, for amicus curiae.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, POMEROY, NIX, MANDERINO and PACKEL, JJ.

OPINION OF THE COURT

ROBERTS, Justice.

The voters of West Deer Township adopted a home rule charter in May, 1974. This charter, effective January, 1976, authorizes the voters of West Deer to reconsider by way of referendum election any enacted ordinance of the township. Under the charter, upon the filing with the Board of Elections of Allegheny County of a proper referendum petition, any ordinance which is the subject of such an election is suspended. The...

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