Fitzgerald v. City of Philadelphia

Opinion by

President Judge Crumlish, Jr.,

Bernard Fitzgerald and the City of Philadelphia cross appeal from two Philadelphia County Common Pleas Court orders. We affirm ,as to ¡the amount of damages; we reverse as to the award of counsel fees.

Fitzgerald filed a class action suit challenging the constitutionality of procedures under one of the City’s towing ordinances. Representing a class of individuals whose vehicles had been towed and who — through plea or adjudication — were determined to have violated parking regulations,1 he alleged the ordinance2 offended procedural due process by not…