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CITY SCRANTON v. LEO LYNN (09/26/73)

decided: September 26, 1973.

CITY OF SCRANTON, APPELLANT,
v.
LEO LYNN, APPELLEE



Appeal from the Order of the Court of Common Pleas of Lackawanna County, in case of Leo Lynn v. City of Scranton, No. 2063 September Term, 1971.

COUNSEL

David J. Reedy, Jr., for appellant.

Charles F. Wilson, with him Epstein, O'Neill & Utan, for appellee.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 10 Pa. Commw. Page 223]

This is an appeal from a decision of the Court of Common Pleas, Lackawanna County, declaring the Act of August 31, 1971, P.L. 413, No. 98, as amended, 53 P.S. ยง 101 (Act No. 98) unconstitutional.

On October 8, 1971, Leo Lynn filed in the Court of Common Pleas, Lackawanna County, a petition for a declaratory judgment. This petition sought a determination of the constitutionality of Act No. 98 which in pertinent part reads:

"For the purpose of legislation regulating their municipal affairs, the exercise of certain corporate powers, and having respect to the number, character, powers and duties of certain officers thereof, the cities now in existence or those hereafter created in this Commonwealth shall be divided into four classes:

"Those containing a population of one hundred thousand and under five hundred thousand and which by ordinance elect to be a city of the second class A shall constitute the second class A.

"Those containing a population of under five hundred thousand and which have not elected to become a city of the second class A shall constitute the third class."

The Council of the City of Scranton, by ordinance duly passed, elected to become a City of the Second Class A.

[ 10 Pa. Commw. Page 224]

In an opinion dated March 8, 1972, the court below determined that the statute was unconstitutional, holding that the delegation of power from the Legislature to the city governing body by which it could determine its municipal ...


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