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

> Commonwealth Court of Pennsylvania · December 28, 1988 · 122 Pa. Commw. 371

URL: https://www.frixlaw.com/law-library/cases/9706667

## Case

- **Full name:** Ronald P. Gilius and Susan L. Gilius, Appellants v. Board of Supervisors of Fairview Township and Robert G. Hartman, P.E., Appellees
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** December 28, 1988
- **Citations:** 122 Pa. Commw. 371; 552 A.2d 327; 1988 Pa. Commw. LEXIS 1000
- **Precedential status:** Published
- **Opinion:** Concurring in part by Colins
- **Judges:** Barry, Colins, Kalish
- **Cited by:** 12 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9706667

## How later opinions describe it (automated extraction)

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

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9706667. Public record. Not legal advice.