Committee of Seventy v. City Commissioners
Committee of Seventy v. City Commissioners
Opinion of the Court
Opinion by
The Democratic City Committee (Appellant) of Philadelphia appeals here from an order of the Court of Common Pleas of Philadelphia County which overruled, in part, post-trial exceptions filed by Appellant to the trial courts order of November 28, 1986. We affirm.
In its order of November 28, 1986, the court directed the City Commissioners of the City of Philadelphia (Commissioners) to realign the election districts, called divisions, in the City of Philadelphia. That order was entered in response to a Complaint in Equity filed in 1979 by the Committee of Seventy and others against the Commissioners and others.
Since 1984, the Commissioners have undertaken a city-wide division realignment plan and, from the Commissioners’ brief and from information elicited by the Court from counsel at oral argument, we have ascertained that a substantial part of the realignment is already complete. The Commissioners filed no exceptions to the trial court’s order of November 28, 1986. At oral argument before this Court on the matter now under consideration, the Commissioners appeared as Appellees and advised the Court that they have completed nearly half of the realignment of the divisions within the City and do not oppose the implementation of the court-ordered realignment as that order was subsequently modified by this Court. They point out that they have devoted “substantial resources” to carrying out the terms of the trial court’s order.
In 1985, Appellant was granted leave to intervene in the proceedings whereupon it filed preliminary objections which, inter alia, challenged the jurisdiction of the
While not mentioned by the trial court in its opinion, we would note that the Appellant’s jurisdictional challenge also would be barred by the doctrine of collateral estoppel, inasmuch as the court had previously ruled on the same issue. See McCarthy v. Township of McCandless, 7 Pa. Commonwealth Ct. 611, 300 A.2d 815 (1973).
Appellant’s remaining arguments require little attention. Our review of the record satisfies us that the notice requirements of the Code were fully satisfied and that the trial court made every effort to assure that all interested parties were given the opportunity to be heard. We likewise agree with the trial court that the
Our scope of review with respect to the merits of the plan approved by the court is severely circumscribed. In re Boggs Township, 112 Pa. 145, 5 A. 224 (1886). Appellant suggests that its plan was better than the trial courts. While the courts plan may not be perfect, we are of the opinion that where the trial court has made a conscientious effort with the cooperation and investigative help of the Commissioners to produce a plan which conforms most nearly with the requirements of Section 2702 of the Code, 25 P. S. §2702, we should not disturb it.
Order
The order of the Court of Common Pleas of Philadelphia County as previously modified by this Court is affirmed and the appeal of the Democratic City Committee is dismissed.
This opinion is filed in support of this Courts order filed October 9, 1987.
Reference
- Full Case Name
- Committee of Seventy v. City Commissioners of the City of Philadelphia Democratic City Committee
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- 1 case
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- Published