Brown v. Cooney

SHERTZ, Judge:

This is an appeal from the order of the court below granting summary judgment to Appellee defendants. The trial court concluded that Appellants’ complaint was barred by res judicata. On appeal, Appellants contend that their complaint was not barred by res judicata and was timely filed within the statute of limitations. We disagree and accordingly affirm the order of the court below.

The pertinent facts are as follows. Appellants filed a complaint in equity against Appellees on November 24,1975. Therein Appellants averred therein that Appellee Township had vacated Township Road…