on which the Commission relied to calculate population per district.
The Commission correctly relied on the population figures of the Legislative Data Process Center of the Commonwealth of Pennsylvania to determine the population per ward and election district. A ward in Squirrel Hill and Bloomfield, for example, may appear in one district and another ward in the same neighborhood may appear in another district. Miss Bridges erred when she assumed that all wards in the same neighborhood are in the same district.
A careful review of exhibits attached to the letter brief of counsel for the City dated April 21, 1986 reveals the accuracy of the Apportionment Commission's figures. The objections of Florence Bridges will be denied.
The final issue that we must address concerns whether we should dismiss the action with prejudice, as urged by defendants, or permit plaintiffs to re-open the case on motion if the 1990 census establishes that the City has been malapportioned in violation of federal law. In our judgment, the parties should not be required to duplicate the expense of filing fees, pleadings, briefs, motions, depositions, expert witnesses and counsel fees if the 1990 census establishes that the black population of the City exceeds 24 %, and the districts are malapportioned, and City Council fails to take remedial action. This is especially so when the public fisc is involved.
The parties agreed on June 10, 1986 that "this Court shall have continuing jurisdiction of this matter" and it is clear that class counsel's recommendation to forego additional litigation is predicated on the belief that the present black population substantially exceeds 24 %, although proof is not yet at hand.
Under the circumstances, we agree with class counsel that the prudent and least expensive course for all parties to pursue is to permit plaintiffs to re-open the case on motion if a justiciable controversy exists following the 1990 census.
A written order will follow denying all objections and approving the compromise, settlement and resolution proposed by class counsel.
ORDER OF COURT
AND NOW, this 18th day of May 1988,
IT IS ORDERED that the objections of Florence Bridges, Reginald D. Plato, Robert Anderson, Mary Virginia Kelly and David Pahnos be and hereby are denied.
IT IS FURTHER ORDERED that Plaintiffs' Response to the Districting Proposal of the Pittsburgh Apportionment Commission be and hereby is granted.
IT IS FURTHER ORDERED that the motion of class counsel to approve the compromise, settlement and resolution of this class action on the terms and conditions set forth in the accompanying opinion be and hereby is granted.