The opinion
Concurring and Dissenting Opinion by
Judge KELLEY
I agree with the result reached by the majority with respect to the Commonwealth parties’ preliminary objections to Counts 1 through 5, 8, and 9 through 11 in the plaintiffs’ petition for review. In addition, I concur in the result reached by the majority with respect to the Commonwealth parties’ preliminary objections to Count 7 in the plaintiffs’ petition for review based on the reasoning outlined in my concurring and dissenting opinion in Harrisburg School District v. Hickok, 762 A.2d 398 (Pa.Cmwlth.2000) (Concurring and Dissenting Opinion by Kelley, J.).
However, I disagree with the majority’s resolution with respect to the Commonwealth parties’ preliminary objections to Count 6 in the plaintiffs’ petition for review based on the reasoning outlined in my concurring and dissenting opinion in Harrisburg School District v. Hickok, 781 A.2d 221 (Pa.Cmwlth.2001) (Concurring and Dissenting Opinion by Kelley, J.). As a result, unlike the majority, I would overrule the Commonwealth parties’ preliminary objections to Count 6 in the plaintiffs’ petition for review.