Legal Opinion

South New Castle Borough v. Fiello

Pennsylvania Court of Common Pleas, Lawrence County

Decided January 29, 1997No. 160-7 of 1992, M.L.DPublished

1Opinion of the Court

PRATT, J.,

The defendant, Frank T. Fiello, has filed a petition for attorney’s fees against the plaintiff, Borough of South New Castle, seeking payment of reasonable attorney’s fees from the borough, which defendant alleges he expended in resolving the legal issues with the borough.

The defendant alleges that the borough’s conduct in commencing and continuing its legal action against the defendant regarding the sewer line assessment was in bad faith, dilatory, obdurate, and vexatious and that under sections 2503(7) and 2503(9) of the Judicial Code, 42 Pa.C.S. §§2503(7) and 2503(9), the…

2Cases cited5 opinions

  1. In Re Estate of LiscioSuperior Court of Pennsylvania · 1994
  2. Pennsylvania State Police, Bureau of Liquor Control Enforcement v. Benny Enterprises, Inc.Commonwealth Court of Pennsylvania · 1995
  3. Springfield Township v. GonzalesCommonwealth Court of Pennsylvania · 1993
  4. Gertz v. Temple University—of the Commonwealth System of Higher EducationSuperior Court of Pennsylvania · 1995
  5. Commonwealth v. HruskaCommonwealth Court of Pennsylvania · 1993

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