Legal Opinion

Warwick Homes, Inc. v. Upper Merion Township

Commonwealth Court of Pennsylvania

Decided July 11, 1979No. Appeal, No. 1316 C.D. 1978Published

1Opinion of the Court

Opinion by

Judge Blatt,

Upper Merion Township (Township) filed a municipal claim for $675.00, plus interest and costs, for the removal of weeds on property owned by Warwick Homes, Inc. (appellant). The Township later filed a praecipe for writ of scire facias sur municipal claim, to which the appellant filed an affidavit of defense alleging that the Township’s claim was unreasonable and excessive and that the reasonable cost of removing the weeds was no more than $100.00. The Township then filed a petition for judgment for want of sufficient affidavit of defense, which the Court of Common. Pleas…

2Cases cited4 opinions

  1. City of Pittsburgh v. MacConnellSupreme Court of Pennsylvania · 1889
  2. Platt v. PhiladelphiaSuperior Court of Pennsylvania · 1957
  3. Philadelphia v. O'BrienSuperior Court of Pennsylvania · 1954
  4. Archbald v. StoneSuperior Court of Pennsylvania · 1927

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