Glencannon Homes Ass'n v. North Strabane Township
116 A.3d 706
| Pa. Commw. Ct. | 2015Background
- Homeowners association (Glencannon) sued North Strabane Township and Canon‑McMillan School District over accelerated sedimentation of a detention pond after construction of a school sports complex and road improvements draining onto McDowell Lane.
- Trial resulted in jury verdicts finding both negligence and violations of the Storm Water Management Act (SWMA); total jury awards exceeded $1.5 million on negligence and $1.6 million on the SWMA claim, with comparative fault apportioned among the Township, School District, and Association.
- Defendants moved to mold the verdict under the Political Subdivision Tort Claims Act (PSTCA) §8553(b); trial court reduced recovery to $500,000 against each local agency (total $1,000,000), denied other post‑trial relief, and added delay damages and interest.
- On appeal the Township and School District challenged statute of limitations/notice, application and scope of the PSTCA $500,000 cap (aggregate vs per‑defendant), admissibility of expert opinion, and whether SWMA claims were duplicative of negligence; the Association cross‑appealed the cap application, sought equitable relief, and asserted constitutional challenges to the cap.
- The Commonwealth Court affirmed: (1) discovery rule tolled limitations/notice until plaintiff learned cause/tortfeasors; (2) PSTCA cap applies and is applied to each local agency separately when each is independently liable; (3) SWMA claims are distinct from negligence; (4) equitable relief issue was waived; and (5) constitutional challenges to the cap failed in light of precedent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Statute of limitations / notice (42 Pa.C.S. §§5522, 5524) | Association: discovery rule delayed accrual until 2010 when source identified; timely notice/filing | Defendants: Association knew of pond problems earlier (1997/2001) and failed to give required six‑month notice and file within two years | Court: discovery rule applied; plaintiff reasonably discovered cause/tortfeasors in 2010; notice and filing were timely |
| PSTCA §8553(b) damage cap—aggregate or per‑defendant | Association: SWMA statutory cause not subject to PSTCA cap; cap should not reduce remedies | Defendants: cap is aggregate per ‘‘incident’’ and should limit total recovery to $500,000 regardless of number of local agency defendants | Court: cap applies to SWMA claims; where multiple local agencies have independent liability, cap is applied to each local agency (molded to $500,000 each) to avoid further disadvantaging plaintiffs |
| SWMA claim distinct / verdict slip duplicative damages | Association: SWMA claim is statutory, separate from negligence; damages properly awarded | Defendants: SWMA claim repackages negligence, risking duplicative awards | Court: SWMA creates a separate cause of action; jury form asked whether SWMA damages overlapped with negligence award, so no impermissible duplication; verdict form not flawed |
| Equitable relief & constitutional challenges to cap | Association: sought injunction to compel stormwater remediation; cap violates takings clause and right to jury trial | Defendants: equitable relief waived; cap is constitutional and applies | Court: equitable relief waived (not pleaded/preserved); constitutional arguments rejected (PSTCA cap does not impair jury trial right or constitute an unlawful taking) |
Key Cases Cited
- Mench v. Lower Saucon Township, 632 A.2d 1011 (Pa. Cmwlth. 1993) (interpreting PSTCA cap and insurance waiver issue)
- Zauflik v. Pennsbury School District, 104 A.3d 1096 (Pa. 2014) (PSTCA damages cap does not violate Pennsylvania jury trial clause)
- Fine v. Checcio, 870 A.2d 850 (Pa. 2005) (discovery rule tolls statute of limitations until injured party reasonably should have discovered tort and tortfeasor)
- DeTurk v. South Lebanon Township, 542 A.2d 213 (Pa. Cmwlth. 1988) (stormwater features treated as sewer for PSTCA utility‑facilities exception)
- Staffaroni v. City of Scranton, 620 A.2d 676 (Pa. Cmwlth. 1993) (real property exception applies where artificial drainage condition on municipal land caused damage)
- Sweeney v. Merrymead Farm, Inc., 799 A.2d 972 (Pa. Cmwlth. 2002) (possession under real property exception turns on total control, not ownership)