TYRONE FIRE PATROL CO. v. TYRONE BOROUGH

No. 287 C.D. 2013

92 A.3d 79 (2014)

TYRONE FIRE PATROL COMPANY, NO. 1, a Pennsylvania Corporation, and Ralph Stimer, Eugene Zimmerman, and Thomas Fetters, all adult individuals, Appellants v. TYRONE BOROUGH, a home rule municipality.

Commonwealth Court of Pennsylvania.

Decided March 21, 2014.

Reargument Denied May 6, 2014.


Attorney(s) appearing for the Case

Robert P. Petyak , Ebensburg, for appellants.

Daniel L. Stants , Altoona, for appellee.

BEFORE: DAN PELLEGRINI, President Judge, BERNARD L. McGINLEY, Judge (P.), and PATRICIA A. McCULLOUGH, Judge.


OPINION BY Judge McCULLOUGH.

The Tyrone Fire Patrol Company, No. 1, (Patrol) and Ralph Stimer (Stimer), Eugene Zimmerman (Zimmerman), and Thomas Fetters (Fetters) (collectively, Appellants) appeal from the February 12, 2013 order of the Court of Common Pleas of Blair County (trial court) granting the motion for summary judgment filed by Tyrone Borough (Borough) and dismissing Appellants' complaint with prejudice. We affirm.

I. Statutory History

The...

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