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Thomas E. REILLY and Leonoor M. Zehner, indi v. dually and on behalf of all other similarly situated plaintiffs, Respondents,

ORDER OF COURT

PER CURIAM.

The Court accepts plenary jurisdiction, 42 Pa.C.S.A. § 726, and dismisses the Complaints. The language of the statute clearly demonstrates that the legislative intent in the original Home Rule Charter and Optional Plans Law, Act of April 13, 1972, No. 62, § 101, 53 P. S. § 1-101 et seq., was to grant the local communities, except as specifically prohibited in § 1-302(a)(7), the right to fix rates, but not subjects, of taxation.

NIX, C.J., and McDERMOTT, J., dissent, would not accept plenary jurisdiction, and would remand the case to proceed to a determination on the merits.

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REILLY v. CITY OF PITTSBURGH
(Nov 13, 1984)