SIGER v. CITY OF CHESTER

No. 12 MAP 2023. No. 15 MAP 2023.

309 A.3d 698 (2024)

Rick SIGER, in His Capacity as Acting Secretary of the Department of Community and Economic Development v. CITY OF CHESTER. Appeal of: City of Chester, Mayor Thaddeus Kirkland and City Council of the City of Chester Rick Siger, in His Capacity as Acting Secretary of the Department of Community and Economic Development v. City of Chester Appeal of: City of Chester, Mayor Thaddeus Kirkland and City Council of the City of Chester.

Supreme Court of Pennsylvania.

Decided: January 29, 2024.


Attorney(s) appearing for the Case

Andrew Kabnick Garden, Esq., Conrad O'Brien, P.C., Megan Anne Guernsey, Esq., Kevin Dooley Kent, Esq., Clark Hill PLC, for Amicus Curiae Chester Water Authority.

Kandice Kerwin Hull, Esq., McNees Wallace & Nurick LLC, for Amicus Curiae County of Delaware.

Quintes D. Taglioli, Esq., Markowitz & Richman, for Amicus Curiae Pennsylvania Lodge Order of Police.

Charles Matthew Gibbs, Esq. , McMonagle, Perri, McHugh, Mischak & Davis, P.C, for Appellant Morgan, William.

Mark D. Pfeiffer, Esq. , Buchanan, Ingersoll & Rooney, P.C., for Appellants Kirkland, Thaddeus, City of Chester, City Council of the City of Chester.

H. Marc Tepper, Esq. , Buchanan, Ingersoll & Rooney, P.C., for Appellants Williams, Elizabeth, West, Portia, Kirkland, Thaddeus, Morgan, William, City of Chester.

J. Michael Adams Jr., Esq. , for Appellees Davin, Dennis, Pennsylvania Department of Community and Economic Development, Siger, Rick.

Tiffany R. Allen, Esq. , Campbell Durrant, P.C, Bradley John Betack, Esq. , Patrick James Harvey, Esq. , John Patrick McLaughlin, Esq. , Campbell Durrant Beatty Palombo & Miller, P.C., Benjamin Richard Patchen, Esq. , Philadelphia City Solicitor's Office, for Appellee Doweary, Michael.

Sean Christopher Campbell, Esq., Pro se.

Steven Alan Hann, Esq. , William Grady Roark, Esq. , Hamburg, Rubin, Mullin, Maxwell & Lupin, PC, for Appellee Stormwater Authority of the City of Chester.

Thomas Helbig Jr., Esq. , for Appellee PFS VII, LLC.

Lori K. Irwin, Esq. , Pennsylvania Office of General Counsel, for Appellee Pennsylvania Department of Community and Economic Development.

Justin Andrew Zimmerman, Esq. , Pennsylvania Department of Community & Economic Development, for Appellee Davin, Dennis Pennsylvania Department of Community and Economic Development, Siger, Rick.

Chester Economic Development Authority, Pro se.

Chester Parking Authority, Pro se.

Chester Redevelopment Authority, Pro se.

William Jacobs, Pro se.

Justice Wecht delivers the Opinion of the Court with respect to Parts I, II, III, IV(A), IV(B)(ii)-(v), and IV(B)(vii)-(viii) and an opinion in support of affirmance.


ORDER

AND NOW, this 29th day of January, 2024, because the Justices are unable to reach consensus regarding the disposition of the Commonwealth Court's order, the order of the Commonwealth Court is AFFIRMED by operation of law.

OPINION

JUSTICE...

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