Macungie Mayor Wins Commonwealth Court Appeal
A Lehigh County Court decision challenged by District Attorney James Martin is overturned by the state court.
Macungie Mayor Rick Hoffman emerged victorious Thursday when a Commonwealth Court ruled in his favor over a dispute with Lehigh County District Attorney James Martin.
Martin appealed part of a Lehigh County decision regarding Hoffman's control of the Macungie Police Department in Oct. 2011.
The Commonwealth Court upheld Lehigh County Judge Michele A. Varricchio's Sept. 2011 decision that Hoffman is Macungie's chief law enforcement officer, as well as other points of the case.
But the state court reversed Varricchio's "finding that the borough council had authority to award back pay for police Chief Edward Harry Jr. and throw out a 10-day suspension Hoffman imposed for insubordination," according to a story in the Morning Call.
The story also said the Commonwealth Court sent the case back to Lehigh County Court for determination on whether Hoffman is entitled to attorney's fees because Macungie Council members "engaged in vexatious conduct."
Commonwealth Judge Robert Simpson mentioned in his majority opinion that the borough and the people of Macungie might do well to consider the "emotional and monetary" cost of further "testy litigation."