Harrington v. Carroll

Concurring Opinion by

Mr. Justice O’Brien:

I concur in the result reached by the majority. I do so, however, on the exclusive ground that, like Jus*525tice Roberts, I continue to adhere to the position stated by him in his concurring opinion in Chalfin v. Specter, 426 Pa. 464, 477, 233 A. 2d 562, 568 (1967), in which concurring opinion I joined.

Since I conclude that appellant did not pursue the exclusive statutory remedy available to him, I have no reason to speculate on the question of whether §2-103 of the Philadelphia Home Rule Charter precludes judicial intervention.