Opinion
Reargued January 29, 1987.
Decided May 20, 1988.
On reargument following Appeal No. 111 E.D.Appeal Docket 1985 by Allowance from Order of the Commonwealth Court, 88 Pa. Commw. 169, 489 A.2d 290 (1985), entered March 12, 1985 at No. 1456CD 1984, affirming the Order of the Court of Common Pleas of Montgomery County entered April 4, 1984 at No. 82-18960 which dismissed the Petition for Review filed by Appellant herein, Lower Merion Fraternal Order of Police Lodge No. 28.
Alexander DiSanti, Media, Anthony C. Busillo, II, Harrisburg, amicus for Pa. Lodge of F.O.P.
Gilbert P. High, Jr., Norristown, for Lower Merion Tp.
Before NIX, C.J., and LARSEN, FLAHERTY, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.
ORDER
This appeal is dismissed as having been improvidently granted.
McDERMOTT and STOUT, JJ., did not participate in the consideration or decision of this case.
HUTCHINSON, Former Justice, did not participate in the decision of this case.
LARSEN, J., filed a dissenting opinion in which PAPADAKOS, J., joined.
I dissent to the majority's dismissal of this appeal as improvidently granted. I would reach the merits of the appeal and would reverse on the basis of the rationale set forth in my Opinion in Support of Reversal previously filed in this appeal at 511 Pa. 194-200, 512 A.2d 616-619 (joined by Hutchinson and Papadakos, JJ.).
PAPADAKOS, J., joins in this dissenting opinion.