Brooks v. Commonwealth

Opinion by

Judge Palladino,

Charles and Jo-Anne Brooks (Petitioners) have filed suit in this Courts original jurisdiction to recover $64,806 they claim is due them for the loss they sustained on the sale of 52,300 chickens infected with Avian Influenza. The Department of Agriculture (Department) has filed preliminary objections which are now before us for disposition.1

This suit has a somewhat complicated procedural history. Petitioners originally filed suit in this Court in 1984,2 seeking injunctive relief to prohibit the Department from expending any further monies out of the fund created to…