Moore v. Township of Hopewell

WALKO, J.,

Joseph and Lucy Moore, plaintiffs, have brought an action against the Township of Hopewell and the Department of Transportation for equitable relief i.e. to abate, prevent and control activities that are allegedly causing storm runoff damages to plaintiffs’ property. Defendant, Department of Transportation filed preliminary objections challenging the jurisdiction of the court of common pleas.

The issue to be addressed is whether the court of common pleas has jurisdiction over an action brought by a plaintiff against the Commonwealth for equitable relief.

42 Pa.C.S.A. §761 provides…