Legal Opinion
Mountain Village v. Board of Supervisors
Supreme Court of Pennsylvania
Decided May 16, 2005No. 69 MAP 2004PublishedCited by 25 opinions
1Opinion of the Court
OPINION
Justice NEWMAN.
In this case, we determine whether a municipality that incurred legal fees in 1998 in reviewing a land development plan can pass those costs on to the project applicant. For the reasons that follow, we find that the municipality cannot assess its legal fees to the developer and, as a result, we affirm the Order of the Commonwealth Court, which reversed the Order of the Court of Common Pleas of Berks County (trial court) and remanded the matter to the trial court for entry of summary judgment in favor of Mountain Village.
FACTS AND PROCEDURAL HISTORY
Appellee Mountain…
2Cases cited10 opinions
- Atcovitz v. Gulph Mills Tennis Club, Inc.Supreme Court of Pennsylvania · 2002
- Ballou v. State Ethics CommissionSupreme Court of Pennsylvania · 1981
- Jewish Reconstructionist Synagogue of North Shore, Inc. v. Incorporated Village of Roslyn HarborNew York Court of Appeals · 1976
- Kusza v. MaximonisSupreme Court of Pennsylvania · 1949
- Kusza v. MAXIMONISSupreme Court of Pennsylvania · 1950
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3Cited by25 opinions
- Kvaerner Metals Division of Kvaerner US, Inc. v. Commercial Union Insurance CompanySupreme Court of Pennsylvania · 2006
- Commonwealth v. MelvinSuperior Court of Pennsylvania · 2014
- Michael Lutz v. Portfolio Recovery AssociatesCourt of Appeals for the Third Circuit · 2022
- Commonwealth v. HansonSupreme Court of Pennsylvania · 2013
- Egger v. Gulf InsuranceSupreme Court of Pennsylvania · 2006
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