Borough of Walnutport v. Dennis
13 A.3d 541
Pa. Commw. Ct.2010Background
- Dennis appealed an in rem judgment in favor of the Borough for $9,074.47 to recover curbing costs on 645 Lehigh Gap Street, Walnutport.
- Borough installed curb in 1994 after Dennis failed to install curbing following notices; liens were filed in 1994.
- Dennis had a post office box and his deed to Rosemary’s interest was not recorded until 2007; Rosemary’s ownership status affected notice issues.
- Municipal liens and collection costs, including attorney fees, were pursued under the Municipal Claims Act; Borough sought fees after a verdict.
- Disputes included notice validity, attorney fees, damages from curbing work, and a potential eminent domain counterclaim; trial court awarded most relief except interest rate specifics.
- On appeal, Borough’s attorney-fee award was upheld, notice and damages findings were upheld, but the 10% interest award was reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Attorney fees timeliness and authority | Dennis: no ordinance/resolution authorizing fees; lack of proper notice. | Borough: fees allowed under 53 P.S. § 7106; subsequent amendments authorize collection. | Attorney fees upheld; fees reasonable under statute. |
| Notice and service for municipal lien | Dennis: service on Dennis only; Rosemary not properly served; return receipt signature contested. | Borough: proper service to Dennis at P.O. Box 119; posting not required; Rosemary not owner in 1994. | Notice proper; service valid under §7141. |
| Damages and counterclaim for eminent domain | Dennis: counterclaim for eminent domain/consequential damages; board of viewers needed. | Borough: eminent domain claim not properly litigated in scire facias; no board of viewers needed here. | No valid eminent domain counterclaim; no board of viewers required; damages insufficient. |
| Interest on municipal lien | Dennis: 10% interest rate must be specified by ordinance; flexible rate invalid. | Borough: §7143 allows up to 10% per annum; incorporation via ordinance acceptable. | Reverse: 10% rate invalid absent specific rate established by ordinance/resolution; interest must be set with specificity. |
Key Cases Cited
- Monroe Township Municipal Authority v. Augsburger, 883 A.2d 718 (Pa. Cmwlth. 2005) (requires ordinance/resolution schedule and advance notice for attorney fees)
- Pentlong Corp. v. GLS Capital, 780 A.2d 784 (Pa. Cmwlth. 2001) (distinguishes rate-setting under different statutory schemes; not controlling here)
- Township of Lycoming v. Shannon, 780 A.2d 835 (Pa. Cmwlth. 2001) (service requirements for notice; in rem proceedings)
- Borough of Towanda v. Brannaka, 434 A.2d 889 (Pa. Cmwlth. 1981) (multi-owner notice requirements for liens)
- Jackson Gear Co. v. Department of Transportation, 657 A.2d 187 (Pa. Cmwlth. 1995) (consequential damages doctrine applying to property interference)
- Western Clinton v. Estate of Rosamilia, 828 A.2d 52 (Pa. Cmwlth. 2003) (defense pleading ability to raise all defenses in municipal lien action)