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NORRISTOWN FOP, LODGE 31 v. DeANGELIS

148 Pa.Commw. 285 (1992)

611 A.2d 322

NORRISTOWN FRATERNAL ORDER OF POLICE, LODGE 31, by Dennis RODEN, Trustee Ad Litem v. William DeANGELIS, Mayor, Borough of Norristown and Borough of Norristown and Rodney O'Neill, Alfred Ricci, Jean Richet, Bruce Charles, David Green and Ralph Parente, Appeal of Rodney O'Neill, Alfred Ricci, Jean Richet, Bruce Charles, David Green and Ralph Parente, Appellants. NORRISTOWN FRATERNAL ORDER OF POLICE, LODGE 31, by Dennis RODEN, Trustee Ad Litem v. William DeANGELIS, Mayor and William Bambi, Chief of Police and Borough of Norristown and Rodney O'Neill, Alfred Ricci, Jean Richet, Bruce Charles, David Green and Ralph Parente and Norristown Civil Service Commission, Appeal of Norristown Civil Service Commission, Appellant. William DeANGELIS, Mayor; William Bambi, Chief of Police; and Borough of Norristown, Appellants, v. NORRISTOWN FRATERNAL ORDER OF POLICE, LODGE 31, by Dennis RODEN, Trustee Ad Litem, Appellee.

Commonwealth Court of Pennsylvania.

Decided June 1, 1992.

Attorney(s) appearing for the Case

Emeline L.K. Diener, for appellant Norristown Civil Service Com'n.

J. David Farrell, for appellee Norristown Fraternal Order of Police, Lodge 31.

John A. DiCicco, for appellees William DeAngelis, William Bambi and Borough of Norristown.

Richard M. Dunlevy, for appellees Rodney O'Neill, Alfred Ricci, Jean Richet, Bruce Charles, David Green and Ralph Parente.

Before CRAIG, President Judge, McGINLEY, J. (P.), and KELLEY, J.

CRAIG, President Judge.

In this consolidated appeal,1 the Borough of Norristown, police officer intervenors O'Neill, Ricci, Richet, Charles, Green and Parente (intervenors), and the Norristown Civil Service Commission appeal an April 25, 1991 order of the Court of Common Pleas of Montgomery County.

This case presents the question of whether a home rule municipality remains governed by state law with respect to police appointments...

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