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ANDREZJWSKI v. BOROUGH OF MILLVALE

543 Pa. 539 (1996)

673 A.2d 879

Donald ANDREZJWSKI, Rose Andrezjwski, John F. Kearney, Beatrice G. Kearney, Mildred Kuhn, John Cavanaugh, and Audrey Cavanaugh, Appellants, v. BOROUGH OF MILLVALE and James R. Burn, Jr., Mayor, Appellees.

Supreme Court of Pennsylvania.

Decided March 28, 1996.

Reargument Denied May 24, 1996.

Attorney(s) appearing for the Case

Frank L. Cecchetti and David G. Metinko, Pittsburgh, for Appellants.

Robert Stewart, for Millvale and Burn.

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

OPINION OF THE COURT

FLAHERTY, Justice.

The issue is whether appellants properly brought a suit in equity to challenge the Borough of Millvale mayor's right to public office, or whether, as the trial court held, an action in quo warranto is the exclusive means to challenge his qualifications.

Appellants are registered voters of Millvale who believe that appellee James R. Burn, Jr., who won an independent...

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