In Penllyn Greene Assocs., L.P. v. Clouser, 890 A.2d 424, 429 n5 (Pa. Cmwlth. 2005). the Court stated that the hearing procedure provided by the legislature at this initial phase seemed akin to a preliminary objection in the nature of a demurrer, with the question being whether on the facts alleged the law says with certainty that no recovery is possible. The burden is on the defendants to show their right to immunity. On appeal the Court is to determine whether the trial court correctly evaluated the claimed immunity and whether those claiming immunity would be immune if they prove the facts they alleged; that determination involves questions of law as to which the Court's review is plenary. Id. The Court stated that the standard was the same as for a demurrer: whether on the facts averred in the complaint the law says with certainty that no recovery is possible.