Chester County Outdoor, LLC v. Westtown Twp. and T.L. Money

CONCURRING OPINION BY

JUDGE BROBSON

Respectfully, I believe the Court erred in Money v. Board of Supervisors of the Township of Westtown, 89 A.3d 308 (Pa. Cmwlth. 2014) (Money I), when it ruled that a local governing board’s vote to authorize its legal counsel to settle litigation is an adjudication that is appealable under the Local Agency Law (LAL).1 The decision in Money I is on such weak footing that, notwithstanding stare decisis and the law of the case doctrine,2 it deserves reconsideration by the Court.

Not every action of a local agency governing body is an adjudication. For the reasons…