Higgins v. Lower Merion Township

CONCURRING OPINION BY

Judge McCullough.

I concur in the result reached by the Majority. I write separately merely to clarify why I believe the Majority reached the correct result and properly distinguished this matter from our Supreme Court’s decision in McGrath v. Staisey, 433 Pa. 8, 249 A.2d 280 (1968).

*480The key distinguishing factor between McGrath and the cases relied on by the Majority, namely Coles v. Judd, 7 Pa.Cmwlth. 90, 298 A.2d 687 (1973), and Fraternal Order of Police, Lower Merion Police, Lodge 28 v. Township of Lower Merion, 416 F.Supp. 65 (E.D.Pa.1976), was the language of the…