Opinion
Argued: March 8, 1994.
Decided: March 30, 1994.
Appeal No. 39 W.D. Appeal Dkt. 1993 from Order of Commonwealth Court entered January 29, 1993, at No. 2147 C.D. 1991, 152 Pa. Commw. 650, 619 A.2d 1093, Affirming Order of Court of Common Pleas of Allegheny County, Civil Division, entered September 5, 1991, at No. SA 2607 of 1990.
Stanford A. Segal, Gatz, Cohen, Segal Koerner, P.A., Pittsburgh, for appellant.
John Bacharach, Bacharach Klein, Pittsburgh, for Borough of McKees Rocks.
Before NIX, C.J., and FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY, CASTILLE and MONTEMURO, JJ.
ORDER
Appeal dismissed as having been improvidently granted.
PAPADAKOS and CASTILLE, JJ., dissent and would reach the merits of the case.
MONTEMURO, J., is sitting by designation as Senior Justice pursuant to Judicial Assignment Docket No. 94 R1800, due to the unavailability of LARSEN, J., see No. 127 Judicial Administration Docket No. 1, filed October 28, 1993.