Borough of Nesquehoning v. Carbon-Lehigh Intermediate Unit No. 21

LAVELLE, Chancellor,

In this unusual case, a municipality-lessor is asking this court to invoke its equity powers to compel another municipality-lessee to make substantial repairs to an unmaintained and deteriorating leased premises: What makes the case so unusual is that neither counsel has presented to the court a single Pennsylvania trial court or appellate court decision where a landlord successfully sought or obtained from the tenant the equitable relief sought in this case. Even more unusual is that plaintiff borough is asking the court to order and supervise specific repairs to an old…