In re Petition to Submit Ballot Question to Concord Township Voters (Appeal of Colette Brown)

Summary

This dissenting opinion addresses whether Section 207 of Pennsylvania's First Class Township Code permitted a petition to place a township-classification referendum on the ballot after the first election occurring at least 90 days after a qualifying population ascertainment. Chief Justice Saylor concluded that the statute required the referendum to occur within a reasonably contemporaneous period after the population ascertainment and would affirm the lower courts' contrary interpretation. Madame Justice Todd joined the dissent.

Holdings

1. In the dissent's view, Section 207 should be construed to require that a referendum proceed only at the first general or municipal election occurring at least ninety days after a specified ascertainment demonstrates that a second-class township has met the population threshold for first-class status.

Questions Presented

1. Whether Section 207 of the First Class Township Code permits a petition for a second-class township's conversion to first-class status to be filed after the first general or municipal election occurring at least ninety days after the population threshold was ascertained.
2. Whether Section 207 requires the referendum to occur at the first general or municipal election occurring at least ninety days after the statutory population ascertainment.

Disposition

other