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HARTMAN v. CITY OF ALLENTOWN

880 A.2d 737 (2005)

Gerry HARTMAN, John Lapinski, Robert Roycroft and Debbie Roycroft v. CITY OF ALLENTOWN and City of Harrisburg, Appeal of City of Allentown.

Commonwealth Court of Pennsylvania.

Decided August 11, 2005.

Attorney(s) appearing for the Case

Thomas B. Schmidt, III, Harrisburg, for appellant, City of Allentown.

Randall L. Wenger, Lancaster, for appellees, Gerry Hartman, John Lapinski, Robert Roycroft and Debbie Roycroft.

Elisabeth S. Shuster, Harrisburg, for amicus curiae, Pennsylvania Human Relations Commission.

BEFORE: COHN JUBELIRER, Judge, and SIMPSON, Judge, and McCLOSKEY, Senior Judge.

OPINION BY Judge COHN JUBELIRER.

The City of Allentown (Allentown) appeals an Order of the Court of Common Pleas of Lehigh County that granted a motion for judgment on the pleadings, and declared Allentown Ordinance No. 13964 (Ordinance) invalid and unenforceable. The trial court held that the Ordinance, by permitting Allentown to place duties, responsibilities or requirements upon businesses, occupations and employers, violated Section 2962(f) of the Home Rule Charter...

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