Northampton County Area Community College v. Dow Chemical, U.S.A.

JOHNSON, Judge.

Northampton Area Community College (the College) appeals from the trial court’s grant of appellee Dow Chemical U.S.A. (Dow)’s motion for summary judgment. We are asked to decide whether a plaintiff community college may defeat a defense of the statute of limitations by asserting the doctrine of nullum tempus occurrit regi (literally, “time does not run against the King.” Black’s Law Dictionary (4th ed. rev. 1968 at 1217)). Because the legislature has conclusively defined Commonwealth parties for the purpose of asserting governmental privileges, and because we conclude that the…