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STROUP v. SCHONEK (04/27/72)

decided: April 27, 1972.

STROUP, ET AL.
v.
SCHONEK



Original jurisdiction.

COUNSEL

Bruce E. Cooper, with him Cooper, Friedman & Friedman, for plaintiffs.

Harold E. Kohn, Special Attorney, with him Barry A. Roth, Deputy Attorney General, Lawrence J. Beaser, Assistant Deputy Attorney General, and J. Shane Creamer, Attorney General, for defendant.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer and Rogers. Judge Blatt disqualified herself and did not participate. Dissenting Opinion by Judge Mencer.

Author: Per Curiam

[5 Pa. Commw. 257 Page 259]

The legal issues involved herein are discussed and resolved by this Court in Stroup, et al. v. McNair, 5 Pa. Commonwealth Ct. 244, A.2d (1972) (filed herewith).

Order

Now, April 27, 1972, the Preliminary Objections of the defendant are sustained and the plaintiffs' Complaint dismissed.

Disposition

Preliminary objections sustained and complaint dismissed.

Dissenting Opinion by Judge Mencer:

I respectfully dissent. My reading of Article IV, Section 8, of the Pennsylvania Constitution of 1968 impels me to a conclusion contrary to that reached by the majority. Assuming that the appointment in question was validly made by the Governor, I can read the language of the Constitution only to provide that the appointment expired at the end of the Senate session in which the appointment was made. Article IV, Section 8(b) of our present Constitution provides in part: "Except as may now or hereafter be ...


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