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CANTWELL v. ALLEGHENY COUNTY

319 Pa.Super. 255 (1983)

466 A.2d 145

Craig CANTWELL v. ALLEGHENY COUNTY, a Municipal Corporation and a Political Sub-Division of the Commonwealth of Pennsylvania, Appellant, v. WILKINSBURG BOROUGH, a Municipal Corporation and Swissvale Borough, a Municipal Corporation and Ronald E. Lees. Craig CANTWELL, Appellant, v. ALLEGHENY COUNTY, a Municipal Corporation and a Political Sub-Division of the Commonwealth of Pennsylvania, v. WILKINSBURG BOROUGH, a Municipal Corporation and Swissvale Borough, a Municipal Corporation and Ronald E. Lees.

Supreme Court of Pennsylvania.

Filed August 26, 1983.

Reargument Denied October 28, 1983.

Petition for Allowance of Appeal Granted January 31, 1984.

Attorney(s) appearing for the Case

Allan Joseph Opsitnick, Assistant County Solicitor, Pittsburgh, for Allegheny County, appellant (at No. 155) and appellee (at No. 368).

Paul D. Boas, Pittsburgh, for Cantwell, appellant (at No. 368) and appellee (at No. 155).

Herbert B. Conner, Pittsburgh, for Wilkinsburg, appellee.

Before ROWLEY, POPOVICH and HOFFMAN, JJ.

HOFFMAN, Judge:

Appellants contend that the lower court erred in dismissing their complaints for failure to state a cause of action. We agree and, accordingly, reverse and remand.

In reviewing motions for judgment on the pleadings, the court must treat all well-pleaded allegations of the party opposing the motion as true and draw all inferences favorable to that party. Goldman v. McShain,

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