Borough of West Fairview v. Hess

CRAIG, Judge.

West Fairview Borough appeals two orders of Judge Kevin A. Hess. One of those orders dismissed one count of the borough’s suit for damages against the defendants, former elected borough auditors, on the auditors’ preliminary objections in the nature of a demurrer. The other order, dated more than eight months later, granted the auditors’ motion for summary judgment on the other count in the borough’s complaint.

In addition to a question of the timeliness of the appeal as to the earlier order, there is also a question as to whether the auditors are shielded by immunity.

On the…