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RENDELL v. STATE ETHICS COM'N

No. 82 MAP 2008, No. 83 MAP 2008

983 A.2d 708 (2009)

Edward G. RENDELL, Governor of Pennsylvania, and John Quigley, Acting Pennsylvania Secretary of Conservation and Natural Resources, Appellees v. PENNSYLVANIA STATE ETHICS COMMISSION, Appellant Edward G. Rendell, Governor of Pennsylvania, and John Hanger, Acting Pennsylvania Secretary of Environmental Protection, Appellees v. Pennsylvania State Ethics Commission, Appellant.

Supreme Court of Pennsylvania.

Decided November 30, 2009.

Attorney(s) appearing for the Case

Robin M. Hittie, Esq., PA State Ethics Commission, for Pennsylvania State Ethics Commission (82 MAP 2008, 83 MAP 2008).

Bruce Philip Merenstein, Esq., Ralph G. Wellington, Esq., Arlin M. Adams, Esq., Schnader Harrison Segal & Lewis, L.L.P., Philadelphia; Gregory Eugene Dunlap, Esq., PA Governor's Office of General Counsel, Harrisburg, for Governor Rendell, John Quigley (82 MAP 2008).

Bruce Philip Merenstein, Esq., Ralph G. Wellington, Esq., Arlin M. Adams, Esq., Schnader Harrison Segal & Lewis, L.L.P., Philadelphia; Gregory Eugene Dunlap, Esq., PA Governor's Office of General Counsel, Harrisburg, for Governor Rendell, John Hanger (83 MAP 2008).

BEFORE: CASTILLE, C.J., and SAYLOR, EAKIN, BAER, TODD, McCAFFERY and GREENSPAN, JJ.

OPINION

Justice SAYLOR.

This appeal concerns the issue of whether a non-profit corporation is a "business" as the term is defined in Pennsylvania's Public Official and Employee Ethics Act.1

The Ethics Act, among other things, prohibits public officials from engaging in conduct that constitutes a conflict of interest. See 65 Pa.C.S. § 1103(a). Such a conflict arises when a public official or public employee...

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