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PAUL I. LEASURE v. BOROUGH TRAFFORD (09/21/87)

decided: September 21, 1987.

PAUL I. LEASURE, APPELLANT
v.
THE BOROUGH OF TRAFFORD, APPELLEE



Appeal from the Order of the Court of Common Pleas of Westmoreland County in case of Paul I. Leasure v. The Borough of Trafford, No. 3971 of 1985.

COUNSEL

Christine L. Donohue, Evans, Rosen, Portnoy, Quinn & Donohue, for appellant.

John M. Campfield, Ober, Campfield & Ferraro, for appellee.

Judges MacPhail and Barry, and Senior Judge Blatt, sitting as a panel of three. Opinion by Judge Barry.

Author: Barry

[ 109 Pa. Commw. Page 457]

Appellant Paul I. Leasure appeals from a September 26, 1986 order of the Court of Common Pleas of Westmoreland

[ 109 Pa. Commw. Page 458]

County quashing and dismissing his post-trial motions. He also asks that we address the merits of his unfair discharge claim. The appellee, Borough of Trafford Civil Service Commission (Borough Commission) has filed an application for relief requesting us to consider only the trial court's order of September 26, 1986 dismissing the post-trial motions rather than both that order and the order of March 7, 1986 addressing the merits.

Appellant was a police officer with the Borough of Trafford. On May 6, 1983, while off-duty he sustained serious injuries in a motorcycle accident. Based upon the resulting disability, the Council of the Borough of Trafford Council (Borough Council) decided to honorably discharge him. Appellant appealed to the Borough of Trafford Civil Service Commission (Borough Commission) which upheld the discharge. He then appealed to the trial court, in accordance with the provisions of Section 1190 of the Borough Code.*fn1 On January 26, 1986, after conducting a hearing de novo involving extensive testimony, the trial court affirmed the appellee. Rather than appeal to this Court, appellant filed a motion for post-trial relief pursuant to Pa. Rule of Civil Procedure No. 227.1*fn2 The trial court granted the Borough

[ 109 Pa. Commw. Page 459]

Commission's motion to quash and dismiss on the basis that post-trial motions were not applicable to statutory appeals.

Because appellant has asked that we consider the merits of his claim and briefed the substantive issues, appellee also ...


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