Wilson Area School District v. J.B. Plumbing Co. & Dual Temp Co., Inc. (Dissenting Opinion)

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[J-115-2005] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN, BAER, JJ. WILSON AREA SCHOOL DISTRICT, Appellant v. FRANKLIN E. SKEPTON, JOSEPH BOZZELLI, INDIVIDUALLY AND T/A J.B. PLUMBING COMPANY, AND DUAL TEMP COMPANY, INC., Appellees : : : : : : : : : : : : : : No. 45 MAP 2005 Appeal from the Order of the Commonwealth Court entered on October 28, 2004, at No. 2550 CD 2003, affirming the Order of the Court of Common Pleas of Northampton County, entered on October 16, 2003, at No. C-48-CV-20011166. 860 A.2d 625 (Pa. Cmwlth. 2004) ARGUED: October 18, 2005 DISSENTING OPINION MADAME JUSTICE NEWMAN DECIDED: April 21, 2006 I respectfully dissent and would find that the Wilson Area School District is entitled to the illegally collected permit fees for the reasons set forth in my Dissenting Opinion in Skepton v. Borough of Wilson, 755 A.2d 1267 (Pa. 2000) (Newman, J. dissenting).

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