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MATT TAYLOR v. WASHINGTON COUNTY (11/07/85)

decided: November 7, 1985.

MATT TAYLOR, APPELLANT
v.
WASHINGTON COUNTY, APPELLEE



Appeal from the Order of the Court of Common Pleas of Washington County in the case of Matt Taylor v. Washington County, No. 304 August Term, 1983, A.D.

COUNSEL

Morley M. Azorsky, for appellant.

Katherine B. Emery, with her, Melvin B. Bassi, County Solicitor, Bassi and Rega, P.C., for appellee.

Judges Rogers and MacPhail, and Senior Judge Blatt, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 92 Pa. Commw. Page 587]

Matt Taylor (Petitioner) appeals here an order of the Court of Common Pleas of Washington County which granted Washington County's (Respondent) motion for judgment on the pleadings. We affirm.

The facts are not in dispute. By court order dated January 27, 1983, the Respondent's Tax Claim Bureau was ordered to advertise the sale of certain property at least thirty days prior to the sale. The sale, however, was held on February 24, 1983, and Petitioner was the successful bidder. On April 5, 1983, the equitable owners of the property claimed that the tax sale had not been timely advertised and petitioned to set aside the sale. On June 2, 1983, after a hearing, the trial court set aside the tax sale.

A complaint in trespass was filed by Petitioner in the court of common pleas alleging negligence on the part of Respondent in failing to provide adequate notice of the tax sale. Petitioner requested damages in the amount of $18,484.74, his "lost" profit. Respondent

[ 92 Pa. Commw. Page 588]

    filed an answer and new matter, claiming immunity under Section 8541 of the Judicial Code (Code), 42 Pa. C.S. § 8541. The trial court found that Petitioner's claim did not fall within the exceptions to immunity, Section 8542 of the Code, 42 Pa. C.S. § 8542 and granted Respondent's motion. The instant appeal followed.

Section 8541 of the Code provides:

Except as otherwise provided in this subchapter, no local agency shall be liable for any damages on account of any injury to a person or property caused by any act of the local agency or an employee thereof or any other person.

Limited exceptions to governmental immunity are found at Section 8542 of the Code. Petitioner avers that his claim falls within ...


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