Opinion

Gilius v. Bd. of Supv., Fairview T.

  • 122 Pa. Commw. 371
  • 552 A.2d 327
  • 1988 Pa. Commw. LEXIS 1000
Court
Commonwealth Court of Pennsylvania
Filed
Dec 28, 1988
Status
Published
Author
Colins
On the bench
Barry, Colins, Kalish
Cited by
12 cases

holding that a breach of implied warranty did not lie where a township employee negligently performed a soil percolation test

How later courts described this case

  • holding that a breach of implied warranty did not lie where a township employee negligently performed a soil percolation test

Written by the judges who cited it.

The opinion

Concurring and Dissenting Opinion by

Judge Colins:

I agree with the majority that an action in negligence is barred by reason of the immunity provided in Subchapter C of Chaptér 85 of the Judicial Code, 42 Pa. C. S. §§8541-8564. However, I must dissent from the majority’s position that an action based upon a theory of estoppel may not be maintained.

The Township, via its officer, unequivocally stated that the lot was súitable for the installation of an on-site sewage disposal system. This was done knowing that the appellants would rely on this assertion and, in fact, did so rely by subsequently purchasing the lot. Whether an estoppel in pais is a matter of law or equity is moot in the instant matter, as the official recorded action of the original sewage enforcement officer qualifies as an estoppel by record which constitutes legal rather than equitable estoppel. Such an action at law, in assumpsit, is not barred by Subchapter C and, ás such, the granting of summary judgment was inappropriate.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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