City of Jeannette v. Shope

66 Pa. D. & C.2d 120, 1974 Pa. Dist. & Cnty. Dec. LEXIS 344
CourtPennsylvania Court of Common Pleas, Westmoreland County
DecidedMay 6, 1974
DocketNo. 2; no. 721
StatusPublished

This text of 66 Pa. D. & C.2d 120 (City of Jeannette v. Shope) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Westmoreland County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Jeannette v. Shope, 66 Pa. D. & C.2d 120, 1974 Pa. Dist. & Cnty. Dec. LEXIS 344 (Pa. Super. Ct. 1974).

Opinion

SCULCO, J.,

FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECREE NISI

This case comes before the court on a complaint in mandamus brought by plaintiffs, City of Jeannette, a municipal corporation, and the City of Arnold, a municipal corporation, against defendants, Dorothy K. Shope, Robert G. Shirey and James R. Kelley, County Commissioners of Westmoreland County, Pa.

Defendants filed preliminary objections to the complaint in mandamus. Said preliminary objections were dismissed by the court on November 16,1973.

HISTORY OF THE CASE

The testimony and evidence introduced at the hearing, upon the complaint in mandamus filed herein, established the following facts. In the year 1970, representatives of the respective plaintiff's met with the Commissioners of Westmoreland County to request financial assistance toward providing the local share in their Federally Assisted Code Enforcement Projects, each requesting the sum of $135,000. The board of commissioners, then comprised of James R. Kelley, Bernard F. Scherer and John J. LaCarte, agreed to pay the requested moneys in three equal annual installments of $45,000, commencing in the year 1971. Each of these commissioners testified that this was their “intent” and “resolve”. Mr. LaCarte testified, inter alia, at page 40:

“Q. And we just had some discussion as to a definition of the word commitment. As an individual mem[122]*122ber of the Board, was it your understanding that you were making a commitment for the total amount of the funds set forth there?
“A. Well, sir, when this request was asked of us, I clearly understood it that we were committing the county for the total dollars extended over a period of three years.
“Q. I see, and would that be your understanding then that the Board so did commit the total dollars?
“A. I am certain that we were unanimous in this thinking. It was one of the programs that the Board felt was needed in Westmoreland County and they proceeded along this matter.”

Mr. Scherer testified accordingly, at page 38:

“A. Mr. Belden, the best way I can answer that is my recollection is that as Commissioner we met with groups such as this, agreed to help them, then the second stage of this was necessarily to provide the money to do so, and having resolved in advance to do this and it would have been my view that having not seen the records, and not knowing whether or not there was a previous resolution, and I can best explain this by telling you that we have resolved to do this is my recollection, and once the budget was passed, we informed the municipality that this money had been allocated to them and they were to receive it, that is the best way I can explain it.
“Q. If you had not previously resolved, and I take it you mean formally resolved, if you had not previously resolved to do that, then it would be necessary to budget that item each year to carry forth your intentions?
“A. I think our understanding there was that it would be allocated each year at the time we made this commitment. It would be allocated each year in so long as it took to fulfill that requirement.”

[123]*123And Mr. Kelley testified likewise, at pages 2-4:

“Q. Would you relate to the Court please your recollection as to whether .or not you had any discussions with the city officials of the City of Jeannette and/or the City of Arnold relative to the matters alleged in the Complaint?
“A. Yes. Mr. Conti, it came up more on the initiative of the city officials. At the time the municipality in the county that took the lead was the Borough of Latrobe, that would be with county participation. Some of the Other cities on their own have participated in a number of these Federal program grants, and the Borough of Latrobe came in and we had agreed to sponsor because we thought as a matter of policy of the county the county government at that time to help and contribute and stimulate the local municipalities who participated in these programs that we would give them some county aid. After Latrobe undertaking, then the City of Arnold and the City of Jeannette name. I can’t recall what sequence they came, but they came in through official requests to us and had informal discussions in the chambers of the Commissioners’ Office in the Courthouse.
“Q. And what was the nature of that request?
“A. The nature of their request was for so many dollars over a period of three years to help defray the local share of the program.
“Q. And was that amount of money about one hundred and thirty five thousand dollars?
“A. I believe it was. I have not checked that precisely and I would rely on your figures and refreshment.
“Q. What, if anything, did the Board do in response to these requests?
[124]*124“A. The Board made a commitment of paying the share of the county’s participation over a three-year period.
“Q. And would that have been in the total amount of one hundred and thirty five thousand dollars?
“A. Approximately combined, a combined contribution.
“Q. How was that to be paid?
“A. Over a three-year period of equal installments.
“Q. Commencing what year?
“A. I believe the next year if I am not mistaken; I am not sure, I believe it was the next budgeted year.
“Q. That would be 1971?
“A. Yes.
“Q. So, if the one hundred and thirty five thousand dollars is correct, then forty-five thousand would be payable to each of the cities in the year 1971,1972, and 1973?
“A. That is correct, that was the commitment that was made at the time.”

Pursuant to this commitment, these commissioners did then, on January 5, 1971, adopt a budget which appropriated the sum of $45,000 to each of plaintiffs for the year 1971. Plaintiffs were then notified of the board’s action by letters of January 5, 1971, sent by Mr. Homer Huhn, Chief Clerk, which read:

“Be advised that the Board of Commissioners, at their regular meeting held Tuesday, January 5, 1971, adopted the 1971 budget which provides that $45,-000.00 per year for a period of three years beginning in 1971 would be appropriated to the City of Jeannette
“Please advise this office, by letter, at such time as the $45,000.00 for 1971 will be payable.”

[125]*125Again, all three of the commissioners testified that these letters accurately reflected their intent and commitment and were sent by Mr. Huhn with their authority.

The testimony then disclosed that each of plaintiffs received the sum of $45,000 in the year 1971 and the year 1972. In 1973, the county refused to pay the third installment. Notice should be taken that the membership of the board of commissioners changed in January of 1972 to James R.

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Bluebook (online)
66 Pa. D. & C.2d 120, 1974 Pa. Dist. & Cnty. Dec. LEXIS 344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-jeannette-v-shope-pactcomplwestmo-1974.