decided: May 18, 1987.
IN RE PETITION OF PATRICIA A. HUGHES. IN RE PETITION OF HARRY P. JANNOTTI
Petition No. 357 E.D. Allocatur Dkt. 1987 for Allowance of Appeal from Order of Commonwealth Court dated April 28, 1987, at No. 728 C.D.1987, Reversing Order of Court of Common Pleas of Philadelphia entered March 25, 1987, at No. 3308 March Term, 1987. Prior Report:
Nix, C.j., and Larsen, Flaherty, McDermott, Hutchinson, Zappala and Papadakos, JJ. Larsen and Zappala, JJ., dissent.
Author: Per Curiam
[ 516 Pa. Page 89]
AND NOW, this 18th day of May, 1987, the Petition for Allowance of Appeal is granted. The Order of the Commonwealth Court is affirmed. Opinions to follow.
[ 516 Pa. Page 90]
The stay entered on May 12, 1987, by this Court is hereby dissolved.
* Jannotti raises at least four additional questions, three of which we decline to address because they are not clearly argued. The fourth, whether a court may make an a priori determination of a candidate's constitutional qualifications for office, must be answered in the affirmative on the facts of this case. Jannotti's argument to the contrary relies on In Re Jones, 505 Pa. 50, 476 A.2d 1287 (1984), a plurality opinion of this Court which has no precedential value and which concerns an election to the Senate of the General Assembly, not an election to a city council. Jones, thus, established no controlling precedent, and even if it had, it would not apply to the facts of this case.
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