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DEL. RIVER PORT AUTH. v. ETHICS COM'N

126 Pa.Commw. 147 (1989)

558 A.2d 932

The DELAWARE RIVER PORT AUTHORITY, the Honorable Barbara G. Jones, and the Honorable William K. Dickey, Commissioners of the Delaware River Port Authority, Petitioners, v. COMMONWEALTH of Pennsylvania, STATE ETHICS COMMISSION, Respondent.

Commonwealth Court of Pennsylvania.

Decided May 24, 1989.

Attorney(s) appearing for the Case

John M. Elliott, Karen M. Scheller, James M. White, Brian P. Kenney, Leslie E. Bowser, Baskin, Flaherty, Elliott & Mannino, P.C., Philadelphia, for petitioners.

Vincent J. Dopko, Gen. Counsel, State Ethics Com'n, Harrisburg, Laura Fredericks, Office of Atty. Gen., Philadelphia, for respondent.

Before CRUMLISH, Jr., President Judge, and CRAIG, DOYLE, COLINS, PALLADINO, McGINLEY and SMITH, JJ.

CRAIG, Judge.

The general question presented here is whether a declaratory judgment proceeding is available to determine if board members of the Delaware River Port Authority (DRPA) are public officials subject to the jurisdiction of the State Ethics Commission under its enabling statute, Act of October 4, 1978, P.L. 883, as amended, §§ 1-13, 65 P.S. §§ 401-413. This court concludes that a declaratory judgment proceeding is properly allowable...

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