Borough of Prospect v. Bauer

NARICK, Senior Judge.

The issue before this Court is whether the doctrine of collateral estoppel applies when a change in the law has occurred.

Franklin Township (Franklin) appeals from the order of the Court of Common Pleas of Butler County that granted the motion for summary judgment filed by the Borough of Prospect (Prospect) and James E. Bauer (Pittsburgh Parts-A-Rama) on the basis of collateral estoppel. We reverse and remand.

Franklin and Prospect are adjacent municipalities in Butler County. The Butler Fair and Agricultural Association (Butler Fair) owns 150 acres that straddles both…