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MIDDLESEX U.P. CH. v. MDLSX. PRES. CH.

No. 3273 C.D. 1986.

111 Pa.Commw. 143 (1987)

533 A.2d 514

Middlesex United Presbyterian Church in the United States of America, an unincorporated ecclesiastical congregation, now by merger known as Presbyterian Church, U.S.A., by George McLaughlin and LaVerne Bartley, Trustees ad Litem and Middlesex Presbyterian Church, a non-profit corporation under the laws of the Commonwealth of Pennsylvania, by George McLaughlin and LaVerne Bartley, Trustees ad Litem, Appellants v. Middlesex Presbyterian Church, an unincorporated ecclesiastical congregation; Rev. Earl F. Fair, Pastor, et al., Appellees.

Commonwealth Court of Pennsylvania.

November 18, 1987.

Attorney(s) appearing for the Case

Lee A. Montgomery, with him, Lee C. McCandless, James E. Kerr, for appellants.

Roger C. Wiegand, with him, Kenneth K. Kilbert, Reed, Smith, Shaw & McClay, for appellees.

Argued October 7, 1987, before President Judge CRUMLISH, JR., and Judges CRAIG, MacPHAIL, DOYLE, BARRY, COLINS and PALLADINO.

OPINION BY JUDGE DOYLE, November 18, 1987:

Appellants appeal from an order of the Court of Common Pleas of Butler County, which granted a motion for summary judgment filed by Appellees. The issue before the trial court was identical to the one raised before us and concerns the question of whether the instant suit is barred by the doctrines of res judicata and collateral estoppel. Our review of the law convinces us that the trial court properly disposed of the motion...

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