County of Allegheny v. Commonwealth

Dissenting Opinion by

Judge Craig:

I respectfully dissent from the decision to sustain the preliminary objections and dismiss Allegheny County’s action without allowing an amendment of the pleadings and the consequent opportunity for a day in court to present evidence at a hearing.

Although the majority decision is understandable in view of the fact that the county has already once amended its complaint or petition, a matter of this grave public importance — -affecting the safety of a metropolitan area from potential crime — should not go down to final decision on the basis of an inadequacy in…