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GAGLIARDI v. AMBRIDGE BOROUGH. (06/03/60)

June 3, 1960

GAGLIARDI, APPELLANT,
v.
AMBRIDGE BOROUGH.



Appeal, No. 67, March T., 1960, from order of Court of Quarter Sessions of Beaver County, Dec. T., 1958, No. 2, in case of Edmund J. Gagliardi v. Borough of Ambridge. Order affirmed. Proceeding on petition to determine the legality of ordinance. Adjudication filed finding that ordinance is legal, and order entered, opinion by SOHN, J. Petitioner appealed.

COUNSEL

Eugene T. Rumisek, for appellant.

Genevieve W. Settino, Borough Solicitor, for borough, appellee.

Before Jones, C.j., Musmanno, Jones, Cohen, Bok and Eagen, JJ.

Author: Eagen

[ 401 Pa. Page 142]

OPINION BY MR. JUSTICE EAGEN

This is an appeal from the validity of an ordinance which is placed under fire at the instance of petitioner-appellant because of alleged inconsistencies existing between its purport and certain provisions of The Borough Code of May 4, 1927, P.L. 519, as amended.

[ 401 Pa. Page 143]

Specifically, the ordinance provides as follows: "SECTION 1. That all present employees of the Borough of Ambridge and any and all persons who shall hereinafter be employed by said Borough shall reside in and be citizens of the Borough of Ambridge.

"SECTION 2. (a) That all persons presently employed by the said Borough of Ambridge and not living within its geographic limits shall be given six months to meet the residential requirements as set forth in said ordinance. (b) That after six months has elapsed and the employee has not complied with the requirements of this ordinance, then the Town Council may, in its discretion, either suspend the employee until he complies with said residential requirements or dismiss the employee immediately.

"SECTION 3. That the requirements for Borough employees as set forth in this ordinance are in addition to any and all requirements as set forth by any Act of Assembly of the Commonwealth of Pennsylvania."

Appellant is a member of the police force of the Borough of Ambridge in Beaver County, Pennsylvania. He was legally appointed thereto on January 15, 1948. At that time and for years previously, he was a continuous resident of Ambridge. In 1958, he moved and took up residence in the adjoining township of Harmony, Beaver County. Thereafter, on November 10, 1958, the Borough of Ambridge enacted the above ordinance. On December 10, 1958, petitioner instituted this action in the court below. The appeal was dismissed.

A municipality is a creature of the state and possesses only such powers of government as are expressly granted to it and as are necessary to carry the same into ...


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