Medicus v. Upper Merion Township

Opinion by

Judge Barky,

This appeal results from an order of the court of common pleas of Montgomery County, dated July 2, 1980, which granted a motion for judgment on the pleadings filed by the appellee, Upper Merion Township (Township), in a suit in trespass filed by the appellant, Richard Medicus, t/a Karrosseris Coach Work.

Appellant conducted a business, within the geographical boundaries of the Township, in which he repaired, restored and sold exotic automobiles. According to the allegations of appellant’s complaint, the Township owns, maintains, controls, possesses and services certain…