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1000 GRANDVIEW ASSOCIATION v. MT. WASHINGTON ASSOCIATES (09/11/81)

filed: September 11, 1981.

1000 GRANDVIEW ASSOCIATION, INC., A NON-PROFIT CORPORATION BY ITS BOARD OF DIRECTORS, APPELLANTS,
v.
MT. WASHINGTON ASSOCIATES, A JOINT VENTURE, RUB-A-DUB-DUB, INC., A PENNSYLVANIA CORPORATION, STANLEY PERLMAN, MARILYN PERLMAN AND MARC SCORATOW, INDIVIDUALS, AND FRIENDSHIP FEDERAL SAVINGS AND LOAN ASSOCIATION OF PITTSBURGH



No. 686 of April Term, 1979, Appeal from the Order of the Court of Common Pleas of Allegheny County, Civil Division, at No. G.D. 78-23580.

COUNSEL

E. J. Strassburger, Pittsburgh, for appellants.

John M. Feeney, Pittsburgh, for Mt. Washington, et al., appellees.

C. John Tillman, Pittsburgh, for Friendship, appellee.

Spaeth, Wickersham and Lipez, JJ.

Author: Wickersham

[ 290 Pa. Super. Page 366]

This is an appeal by 1000 Grandview Association (hereinafter "the association") from an order sustaining preliminary objections and dismissing its complaint.

The association is a non-profit corporation comprised of all unit owners of a residential condominium property known as 1000 Grandview Avenue in Pittsburgh, Pennsylvania. On November 20, 1978, it filed a complaint against the developers of the condominium, Mt. Washington Associates, Rub-A-Dub-Dub, Inc., Stanley Perlman, Marilyn Perlman, and Marc Scoratow (hereinafter "the developers") and the construction lender, Friendship Federal Savings and Loan Association of Pittsburgh (hereinafter "the lender"). The complaint

[ 290 Pa. Super. Page 367]

    contained three counts. The first count is not involved in the instant appeal. The second count is in assumpsit for damages for alleged specific and implied breaches of warranty for defects and omissions in the construction of the condominium. The third count, an alternative count in trespass, states that if the lender is not liable as a joint venturer as alleged in the second count, then it is still liable for breach of warranty because it breached its duty of care in supervising the design and construction of the condominium complex.

The developers and the lender both demurred and filed preliminary objections to the complaint. The developers alleged that the association lacked standing to sue. The lender alleged that the association had failed to state a cause of action against it as the lender of the construction money and that the association lacked standing to sue. On July 11, 1979, the court below sustained the objections by holding that the association had no standing to sue and that the lender could not be held liable as a joint venturer. This timely appeal followed.

We shall first turn to the association's contention that it has standing to sue as the representative of the individual condominium unit owners. The basic principles of standing were set forth by Mr. Justice Roberts of the Pennsylvania Supreme Court in Wm. Penn Parking Garage, Inc. v. City of Pittsburgh, 464 Pa. 168, 346 A.2d 269 (1975). The "core concept" in standing questions is whether the person is adversely affected or "aggrieved" in any way by the matter which he seeks to challenge through the judicial process. "[I]t is not sufficient for the person claiming to be 'aggrieved' to assert the common interest of all citizens in procuring ...


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