Brose v. Easton Parking Authority

Opinion by

Judge MacPhail,

Appellants E. Jerome Brose, Prank Poswistilo, and Karl K. LaBarr, Jr. appeal to this Court from a decision of the Court of Common Pleas of Northampton County sitting in Equity refusing to remove a nonsuit entered against them. The only issue raised by Appellants is whether the City of Easton (City) has the power to construct commercial retail and office space and lease the same to private users. The Chancellor held that the City did have such power. The Chancellor erred in deciding this issue because it had been waived by Appellants. Nevertheless, we affirm the…