Tobias v. HALIFAX TOWNSHIP
2011 Pa. Commw. LEXIS 406
Pa. Commw. Ct.2011Background
- Keefer Road realignment in 1997-1999 abutted Tobias property and required deed dedication to Halifax Township
- Tobiases sued in 1999 for breach of contract; jury awarded $16,000 damages for alleged construction nonconformity
- In 2007 Tobiases filed a second action seeking removal of the realigned road and restoration of land to pre-1999 condition (reversion relief) and damages of $211,849.05
- Trial court granted judgment on the pleadings on Count I, holding res judicata barred the claim
- Tobiases appeal arguing Count I presents a new cause of action arising from the same facts; Township argues the claim relitigates what was litigated in 1999
- Court held res judicata bars Count I because the 2007 claim is identical to the 1999 breach of contract claim and could have been raised then
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Count I barred by res judicata | Tobiases: new claim; different remedy | Halifax Township: same cause of action could have been raised in 1999 | Yes, res judicata bars Count I |
| Does recasting as 'reversion' defeat res judicata | Tobiases: different legal theory | Township: same operative facts; relitigating the same dispute | No; same cause of action and facts; reformation of theory does not defeat res judicata |
Key Cases Cited
- R/S Financial Corp. v. Kovalchick, 552 Pa. 584 (1998) (res judicata applies when a prior final judgment covers the same claims)
- Callowhill Center Associates, LLC v. Zoning Board of Adjustment, City of Philadelphia, 2 A.3d 802 (Pa. Cmwlth. 2010) (res judicata subsumes collateral estoppel for claim preclusion)
- Stevenson v. Silverman, 417 Pa. 187 (1965) (four conditions for res judicata; identity of thing sued, cause, parties, and capacity)
- Swift v. Radnor Township, 983 A.2d 227 (Pa. Cmwlth. 2009) (causes of action identical if subject matter and ultimate issues are same; form differences do not defeat)