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PETITION FOR APPOINTMENT SUPERVISOR TO BUSHKILL TOWNSHIP (10/27/78)

SUPREME COURT OF PENNSYLVANIA


decided: October 27, 1978.

IN RE PETITION FOR APPOINTMENT OF SUPERVISOR TO BUSHKILL TOWNSHIP, NORTHAMPTON COUNTY, PENNSYLVANIA. APPEAL OF ANTHONY T. KAZMAKITES, INDIVIDUALLY, WAYNE PARRY, INDIVIDUALLY, CHARLES SPOHN, INDIVIDUALLY, AND A "CLASS ACTION" BY THE 788 REGISTERED VOTERS OF BUSHKILL TOWNSHIP, NORTHAMPTON COUNTY, PENNSYLVANIA, PETITIONERS FOR ANTHONY T. KAZMAKITES' APPOINTMENT, BY AND THROUGH LINDA KORTZ AND ROBERT PETERS ON BEHALF OF THEMSELVES AND AS TRUSTEES AD LITEM FOR SAID CLASS OF PETITIONERS

No. 181 January Term, 1978, Appeal from Order of Court of Common Pleas, Criminal Division - Law, of Northampton County at No. 167 Misc. 1978

COUNSEL

William H. Agnew, Nazareth, for appellant.

Joseph M. Reibman, Easton, for appellee.

Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix, Manderino and Larsen, JJ.

Author: Per Curiam

[ 482 Pa. Page 207]

OPINION

Gregor Unger was elected to the Board of Supervisors of Bushkill Township, a second class township in Northampton County, in the 1975 General Election for a term of office beginning January 1, 1975, and ending January 1, 1982. Mr. Unger resigned as of February 9, 1978.

The remaining two members of the Board of Supervisors were unable to agree on an appointment to succeed Mr. Unger and four individuals petitioned the Court of Common Pleas of Northampton County to be the appointee. The court conducted an evidentiary hearing and eventually appointed Gerald L. Crabtree to serve the unexpired term of Mr. Unger. This appeal challenges the validity of the court's order.

The court was in error in ordering that Mr. Crabtree should serve Mr. Unger's unexpired term. The term of the appointment should have been limited to January 1, 1980. Cf. Second Class Township Code, Act of May 1, 1933, P.L. 103, as amended, Section 65420, 53 P.S. ยง 65420 (Supp.1978-79). Otherwise, we see no error of law or abuse of discretion in the court's order.

As modified, the order is affirmed.

19781027

© 1998 VersusLaw Inc.



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