Argued April 22, 2014
Appealed from No. GD 10-015184. Common Pleas Court of the County of Allegheny. McCarthy, J.
Daniel E. Krauth, Pittsburgh, for appellants.
Audrey J. Copeland, King of Prussia, for appellees.
BEFORE: HONORABLE ROBERT SIMPSON, Judge, HONORABLE ANNE E. COVEY, Judge, HONORABLE ROCHELLE S. FRIEDMAN, Senior Judge. OPINION BY SENIOR JUDGE FRIEDMAN.
ROCHELLE S. FRIEDMAN, Senior Judge
Albert Battiste appeals from the December 21, 2012, order of the Court of Common Pleas of Allegheny County (trial court) granting the motion for summary judgment filed by the Borough of East McKeesport (Borough) and Ronald Bachner, the Borough's Code Enforcement Officer/Building Code Official. We reverse in part, affirm in part, and dismiss Battiste's claim for occupancy permits as moot.
In June 1999, Battiste purchased an eleven-unit apartment building known as the Continental Arms in the Borough of East McKeesport. (Am. Compl. ¶ 4.) From June 1999 until September 2007, Battiste leased units in the building to residential tenants. ( Id. ¶ 5; Battiste Dep., 1/9/12, at 22.) In 2008, Battiste sought to renovate the building and convert the living room in each unit into a second bedroom. Battiste also proposed converting one apartment into a common area for all tenants, thereby reducing the number of apartments to ten. (Am. Compl. ¶ ¶ 8, 9.) On February 25, 2008, Battiste applied for a building permit, which the Borough thereafter issued. ( Id. ¶ ¶ 11, 12.)
Battiste met with Bachner to discuss the renovations. ( Id. ¶ 13.) Battiste averred that Bachner led him to believe that if certain tasks were completed, Bachner would issue an occupancy permit. ( Id.) Bachner also made demands on Battiste
unrelated to the construction and implied that he would issue occupancy permits if Battiste complied. ( Id. ¶ ¶ 19, 21.)
Thereafter, Battiste formally requested three occupancy permits, which Bachner refused to issue. ( Id. ¶ 25.) On March 20, 2009, Battiste reported Bachner's conduct to the Pennsylvania Department of Labor and Industry. On March 25, 2009, Bachner issued Battiste a stop work order. At that time, Battiste had completed ...