Borough of Brookhaven v. BP Oil Co.

Opinion by

Judge Mencer,

At issue here is whether the Borough of Brook-haven (Brookhaven) is entitled to recover $720 in solicitor fees incurred by the Brookhaven Zoning Hearing Board (Board) in processing the application of BP Oil Company (BP) for a special exception and variance. The Court of Common Pleas of Delaware County entered judgment in favor of BP and against Brookhaven on BP’s motion for a judgment on the pleadings and this appeal followed. We affirm.

Brookliaven argues that it is authorized to collect the fees of the Board’s solicitor by Section 618 of the Pennsylvania Municipalities…