BOROUGH OF WEST FAIRVIEW v. HESS


130 Pa.Commw. 385 (1989)

568 A.2d 709

BOROUGH OF WEST FAIRVIEW, Appellant, v. Peggy HESS, Vicki L. Judy, Donna Kindness and Christine E. Zimmerman and Bonnie L. Kapp, Appellees.

Commonwealth Court of Pennsylvania.

Decided December 28, 1989.


Attorney(s) appearing for the Case

Thomas F. Brenner, Goldberg, Katzman & Shipman, P.C., with him, Henry Coyne, Harrisburg, for appellant.

Christopher C. Houston, Broujos, Gilroy & Houston, P.C., Carlisle, for appellees.

Before CRAIG, McGINLEY and SMITH, JJ.


CRAIG, Judge.

West Fairview Borough appeals two orders of Judge Kevin A. Hess. One of those orders dismissed one count of the borough's suit for damages against the defendants, former elected borough auditors, on the auditors' preliminary objections in the nature of a demurrer. The other order, dated more than eight months later, granted the auditors' motion for summary judgment on the other count in the borough's complaint.

In addition to a question of the...

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