COUNTY OF DELAWARE v. J.P. MASCARO SONS, INC., 582 Pa. 590 (2005)

873 A.2d 1285

COUNTY OF DELAWARE, Appellee, v. J.P. MASCARO SONS, INC., Appellant.

J-14-2005.Supreme Court of Pennsylvania, Middle District.Argued March 8, 2005.
Decided May 17, 2005.

Appeal No. 93 MAP 2004 from the Order of the Superior Court entered on 8/1/03 at No. 509 EDA 2003 affirming the Order of the Delaware County Court of Common Pleas, Civil Division, entered on 5/1/02 at No. 99-3555, George A. Pagano, J.

Albert A. DeGennaro, Esq., Harleysville, for J.P. Mascaro Sons, Inc.

Ronald Lee Daugherty, Esq., Malcolm Stewart Gould, Esq., Martin R. Lentz, Esq., Philadelphia, for County of Delaware.

BEFORE: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

ORDER
PER CURIAM.

AND NOW, this 17th day of May, 2005, having found merit in Appellee’s argument that the issue on which appeal was allowed does not control the ultimate disposition of the case since there are multiple unchallenged theories of liability supporting the Superior Court’s disposition, we AFFIRM the

Page 591

Superior Court’s order, without reaching the issue on which allocatur was granted.