BOROUGH OF NANTY GLO v. FATULA


826 A.2d 58 (2003)

The BOROUGH OF NANTY GLO, a body politic, Appellant, v. Robert D. FATULA, Sr., an individual, and Ronald D. Brown, an individual.

Commonwealth Court of Pennsylvania.

Decided June 9, 2003.


Attorney(s) appearing for the Case

Suzann M. Lehmier, Johnstown and Robert J. Garvin, Pittsburgh, for appellant.

William Gleason Barbin, Johnstown, for appellees.

BEFORE: LEADBETTER, Judge, and SIMPSON, Judge, and FLAHERTY, Senior Judge.


OPINION BY Senior Judge FLAHERTY.

The Borough of Nanty Glo (Borough) appeals from an order of the Court of Common Pleas of Cambria County (trial court) which sustained the Preliminary Objections of Robert D. Fatula, Sr. (Fatula) and Ronald D. Brown (Brown) (collectively, "Appellees") and dismissed the Action for Declaratory Judgment filed by the Borough. We affirm.

On July 29, 2002, the Borough filed an Action for Declaratory Judgment. In its Complaint, the...

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