Legal Opinion

Festa v. Derry Township

Commonwealth Court of Pennsylvania

Decided February 11, 1980No. Appeal, 1456 C.D. 1978PublishedCited by 6 opinions

1Opinion of the Court

Opinion by

Judge Crumlish, Jr.,

The Westmoreland County Common Pleas Court sustained Derry Township’s preliminary objections to Louis Festa’s complaint in assumpsit and dismissed it for lack of jurisdiction and improper process. We affirm.

Festa, an elected township supervisor and apointed district Roadmaster during 1972-1977, sued the township for wages and benefits which he alleges are due him for services performed during those years as Roadmaster. The court below sustained the township’s preliminary objections and held that Festa’s . sole procedural remedy was to appeal the township…

2Cases cited3 opinions

  1. Skelton v. Lower Merion TownshipSupreme Court of Pennsylvania · 1935
  2. Neville Township Auditors ReportSuperior Court of Pennsylvania · 1949
  3. Turtle Creek Borough AuditSupreme Court of Pennsylvania · 1960

3Cited by6 opinions

  1. In re 1995 Audit of Middle Smithfield TownshipCommonwealth Court of Pennsylvania · 1997
  2. Synoski v. Hazle TownshipCommonwealth Court of Pennsylvania · 1985
  3. In re Appeal of 2012 Financial Audit for Greene TownshipCommonwealth Court of Pennsylvania · 2015
  4. Bennett v. Mountain View School BoardCommonwealth Court of Pennsylvania · 1997
  5. Conrad v. Exeter Township, Pennsylvania Court of Common Pleas, Berks County1983

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