I concur in my colleague’s opinion except Part IV, to which I dissent. The remand is based on an "arguable” legal theory, see fn 12, *701that plaintiffs have not raised. The role of this Court is to decide cases, not create them.
Ryan, J., concurred with Coleman, J. Riley, J., took no part in the decision of this case.Christy v. Prestige Builders, Inc.
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