Monroe Tp. Mun. Authority v. Augsburger

3 Citing cases

  1. Walnutport v. Dennis

    13 A.3d 541 (Pa. Cmmw. Ct. 2010)   Cited 16 times
    Holding that the trial court “correctly declined to appoint a board of viewers” where landowner raised de facto condemnation in a counterclaim

    Dennis contends that the Borough submitted no evidence during the course of the trial that it had an ordinance in place or had passed any official declaration regarding the imposition of attorney fees relating to the collection of municipal claims in the period from before 1994 through the passage of Resolution 2007-12 on August 9, 2007. In Monroe Township Municipal Authority v. Augsburger, 883 A.2d 718 (Pa. Cmwlth. 2005), this court stated that subsection (a) of the Municipal Claims Act provides for attorney fees in the collection of a delinquent account. This court determined that, while "delinquent account" was not defined in the Municipal Claims Act, that the "failure to pay while asserting a reasonable contest . . . to the validity of the lien does not render an account delinquent."

  2. Valley Forge Sewer Auth. v. Hipwell

    121 A.3d 1164 (Pa. Cmmw. Ct. 2015)   Cited 10 times

    53 P.S. § 7106(a.1).Relying on Monroe Township Municipal Authority v. Augsburger, 883 A.2d 718 (Pa.Cmwlth.2005), Hipwell argues that his failure to pay while pursuing a “reasonable contest” does not render his account delinquent. In Monroe, the municipal authority appealed from a trial court order that struck legal fees from a judgment arising out of the Augsburgers' contest of the municipal authority's claim for sewer connection fees.

  3. Borough of Walnutport v. Dennis

    No. 819 C.D. 2012 (Pa. Cmmw. Ct. Mar. 27, 2013)

    On appeal to this Court in Dennis I, Dennis argued, among other things, that the trial court erred in awarding the Borough attorney's fees and including interest as part of the amount owed to the Borough. With respect to the attorney's fees, Dennis argued that the Borough failed to prove that it had an ordinance in place to collect the fees as required by section 3(a) of the Municipal Claim and Tax Lien Act (the MCTLA); that the trial court's imposition of fees contravened Monroe Township v. Augsburger, 883 A.2d 718 (Pa. Cmwlth. 2005); and that the Borough failed to provide Dennis with proper notice that it was going to seek the fees. Act of May 16, 1923, P.L. 207, No. 153, as amended, 53 P.S. §7106(a).