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SMITH v. COUNTY OF YORK

No. 9 T.D. 1977.

37 Pa.Commw. 47 (1978)

Allen H. Smith, Appellant v. County of York, Appellee.

Commonwealth Court of Pennsylvania.

July 28, 1978.

Attorney(s) appearing for the Case

Allen H. Smith, Appellant, for himself.

Lewis P. Sterling, County Solicitor, for appellee.

Argued February 28, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT and DiSALLE.

OPINION BY JUDGE CRUMLISH, JR., July 28, 1978:

Allen H. Smith (Appellant) appeals a declaratory judgment of the Court of Common Pleas which limits the total amount of commissions which he may keep as Recorder of Deeds for York County to $7,500.00 per year. He asserts that the use of an action for declaratory judgment to resolve this controversy was improper; that the court below should not have resolved this...

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