Merlino v. Delaware County

OPINION

SAYLOR, Justice.

This direct appeal presents the question of whether prevailing citizens in an action under the Storm Water Management Act, 32 P.S. §§ 680.1-680.17 (the “Act”), may recover counsel fees pursuant to Section 15(b) of the Act, which allows for an award of “the expense of such proceedings” against a violator. We hold that Section 15(b) does not support the Appellees’ claim for such recovery. Accordingly, we reverse the order of the Commonwealth Court awarding attorneys’ fees.

In 1991, appellees F. Joseph Merlino, Deborah Thomas, Justine Vigilante, Charles Brown and Lawrence…