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BOROUGH OF PROSPECT v. BAUER

715 A.2d 1244 (1998)

The BOROUGH OF PROSPECT, BUTLER COUNTY, Pennsylvania v. James E. BAUER and Richard W. Shomaker t/d/b/a Pittsburgh Parts-A-Rama, a/k/a Pittsburgh Part-A-Rama. FRANKLIN TOWNSHIP v. James E. BAUER and Richard W. Shomaker t/d/b/a Pittsburgh Parts-A-Rama, a/k/a Pittsburgh Part-A-rama. Appeal of FRANKLIN TOWNSHIP, Appellant.

Commonwealth Court of Pennsylvania.

Decided August 12, 1998.

Attorney(s) appearing for the Case

Philip P. Lope, Zelienople, for appellant.

Thomas W. King, Butler, for appellee, Borough of Prospect.

Before COLINS, President Judge, PELLEGRINI, J., and NARICK, Senior Judge.

NARICK, Senior Judge.

The issue before this Court is whether the doctrine of collateral estoppel applies when a change in the law has occurred.

Franklin Township (Franklin) appeals from the order of the Court of Common Pleas of Butler County that granted the motion for summary judgment filed by the Borough of Prospect (Prospect) and James E. Bauer (Pittsburgh Parts-A-Rama) on the basis of collateral estoppel. We reverse and remand.

Franklin and Prospect...

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