City of Philadelphia v. Frempong

CONCURRING OPINION BY

Judge FRIEDMAN.

Although I agree with the result reached by the majority, I believe that, in citing Chipman v. Avon Grove School District, 841 A.2d 1098 (Pa.Cmwlth.2004), appeal denied, — Pa. -, 862 A.2d 1257 (2004), the majority has cited insufficient legal authority for the proposition that Pa. R.A.P. 811(a)(4) permits an appeal as of right from the grant of a preliminary injunction.

It is true that, in Chipman, (citing Nunemacher v. Borough of Middletown, 759 A.2d 57 (Pa.Cmwlth.2000)), this court stated that Pa. R.A.P. 311(a)(4) permits an appeal as of right from an…