Human Development of Erie, Inc. v. Zoning Hearing Board

I dissent from what I perceive to be the Majority’s avoidance of federal law and federal causes of action and the establishment of a policy to disfavor, discourage and/or restrain litigants from pursuing Section 1983 claims in state court proceedings, and concomitantly, the denial of litigants’ rights to recover attorney’s fees which may be awardable by courts to a “prevailing party” in any action or proceeding to enforce Section 1983 claims.

I

The central issue presented to this Court is whether the trial court may award reasonable attorney’s fees and costs to a prevailing party in proceedings…