dissenting.
I dissent. No matter how the underlying merits of this case are resolved, this Court lacks appellate jurisdiction to dismiss this action in equity. The Commonwealth Court improperly dismissed this action on the merits solely on the basis of a purported appeal from an interlocutory, unappealable decree of the common pleas court. Accordingly, I would vacate the decree of the Commonwealth Court and remand this case to the common pleas court.