Opinion
No. 16 WAP 2006.
September 26, 2007.
Appeal No. 16 WAP 2006 from the Order of the Court of Common Pleas of Erie County dated June 30, 2006 at No. 10557-2006.
ORDER
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.
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.
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.