Opinion
No. 470 WAL 2006.
January 18, 2007.
Petition for Allowance of Appeal No. 470 WAL 2006 from the Order of the Superior Court entered July 7, 2006 at No. 1933 WDA 2005, affirming the Order of the Court of Common Pleas of Allegheny County entered October 25, 2005 at No. GD 03-018398.
ORDER
AND NOW, this 18th day of January, 2007, the Petition for Allowance of Appeal is hereby GRANTED, the Order of the Superior Court is VACATED, and the matter is REMANDED for application of McCreesh v. City of Phila., 585 Pa. 211, 888 A.2d 664 (2005).
While the Superior Court majority alluded to the McCreesh decision in a footnote, the principles articulated in McCreesh are not discussed in any portion of that court's dispositive reasoning or holding.