Supreme Court of Pennsylvania, 2007

Yates v. Township of McKean

Supreme Court of Pennsylvania · Decided September 26, 2007 · Cappy, Eakin

931 A.2d 639; 593 Pa. 436; 2007 Pa. LEXIS 2009 (Atlantic Reporter, Second Series)

Opinion of the Court

*437 ORDER

PER CURIAM.

AND NOW, this 26th day of September, 2007, the Order of the Court of Common Pleas of Erie County is affirmed.

Chief Justice CAPPY files a concurring statement. Justice EAKIN files a concurring statement.

Concurring Opinion

Chief Justice CAPPY,

concurring.

I join the Court in its per curiam order. Although I previously joined Mr. Justice Eakin in his dissenting opinion in Burger v. School Board of the McGuffey School District, 923 A.2d 1155 (2007), that case now stands as a majority precedent in this Court, and therefore, stare decisis in this instance.

Concurring Opinion

Justice EAKIN,

concurring.

I join the per curiam affirmance. While I remain of the opinion expressed in my dissent in Burger v. School Board of the McGuffey School District, 923 A.2d 1155, 1167 (2007) (Eakin, J., dissenting), I recognize the precedential value of Burger’s majority.

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