McCarron v. Upper Gwynedd Township

The term “case stated” probably is one of the most misused and misunderstood terms in the jargon of Pennsylvania civil procedure. The misuse of that term, combined with a good deal of other procedural blundering, has made this appeal difficult.

The difficult question in this appeal is not the main question on the merits. Instead, the difficult question is whether there is an appealable order which would provide a *535basis for subject matter jurisdiction.1 That question is very close.

Although I have decided to join the majority opinion, mainly because I agree with the decision on the merits and…