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IN RE PETITION TO RECALL REESE

542 Pa. 114 (1995)

665 A.2d 1162

In re PETITION TO RECALL the Honorable Gary R. REESE from the Office of Mayor of the Municipality of Kingston.

Supreme Court of Pennsylvania.

Decided October 17, 1995.

Attorney(s) appearing for the Case

Gaele McLaughlin Barthold, Philadelphia, Lewis W. Wetzel, Wilkes Barre, for Intervenors.

Brad Kurlancheek, Wilkes Barre, for Gary R. Reese.

Richard M. Goldberg, Wilkes Barre, County Solicitor, for the Luzerne County Board of Elections.

Before NIX, C.J., and FLAHERTY, ZAPPALA, CAPPY, CASTILLE and MONTEMURO, JJ.

OPINION

ZAPPALA, Justice.

The question we address is whether the recall provisions of the Kingston Home Rule Charter are constitutional. For the reasons set forth below, we find that these provisions violate Article VI, § 7 of the Pennsylvania Constitution. We therefore affirm the order of the Court of Common Pleas of Luzerne County.

Kingston, a municipality of approximately 15,000 citizens, is a home rule municipality, which form of...

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