Frazer Concerned Citizens ex rel. McKenna v. Frazer Transportation Authority

623 A.2d 863, 153 Pa. Commw. 652, 1993 WL 2989, 1993 Pa. Commw. LEXIS 16
CourtCommonwealth Court of Pennsylvania
DecidedJanuary 11, 1993
StatusPublished
Cited by2 cases

This text of 623 A.2d 863 (Frazer Concerned Citizens ex rel. McKenna v. Frazer Transportation Authority) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Frazer Concerned Citizens ex rel. McKenna v. Frazer Transportation Authority, 623 A.2d 863, 153 Pa. Commw. 652, 1993 WL 2989, 1993 Pa. Commw. LEXIS 16 (Pa. Ct. App. 1993).

Opinions

CRAIG, President Judge.

The Frazer Concerned Citizens, by Betty McKenna as trustee ad litem, is appealing an order of the Common Pleas Court of Allegheny County dated May 6, 1992, that dismissed the statutory appeal of the Concerned Citizens concerning action of the Frazer Transportation Authority, Frazer Township and Frazer Board of Supervisors. This is a case of first impression concerning the Transportation Partnership Act (Act), Act of July 9, 1985, P.L. 187, as amended, 53 P.S. §§ 1621-1626, and its procedural requirements for the ere[656]*656ation of “transportation development districts” as applied to second class townships. We must reverse the trial court’s decision.

The Transportation Partnership Act

The General Assembly created the Act in recognition that transportation facilities and services are insufficient or unavailable to support economic growth and development of specific areas within Pennsylvania. The Act enables municipalities “to cooperate with one another and with the private sector to provide funding for transportation projects in areas where economic growth and development has made the transportation facilities and services inadequate.” Section 1.1(b) of the Act. An area where new transportation facilities or services are planned under the Act is called a transportation development district. The General Assembly expressly stated its intention in the Act that “each benefited property within the [development] district, existing and newly developed property, be assessed a portion of the cost of the transportation project.” Section 1.1(c) of the Act.

History

To take advantage of the opportunities provided by the Act, the board of supervisors created the authority by ordinance in May of 1989. The authority began planning for the construction of a highway interchange, and related traffic improvements, that will connect the municipality to Route 28. The interchange is necessary to enable access to a proposed regional shopping mall, business park and hotel that will be constructed by A.V. Associates. A.V. Associates is a Pennsylvania limited partnership and an intervenor on behalf of the authority.

The authority hired Trans Associates, a traffic consulting firm (the consultant), to perform a benefit analysis of properties in the area of the proposed interchange to establish the boundaries of the development district. The consultant measured each landowner’s time-saving when traveling to the [657]*657proposed shopping mall via the proposed interchange, versus the same trip without the interchange.

On August 29, 1991, the consultant completed its analysis titled “Frazer Transportation Authority Benefit Analysis” (Benefit Analysis). The consultant recommended in the Benefit Analysis that the development district should include all properties with a time-saving of 30% or greater because the consultant considered those properties to have a substantial relationship to the proposed interchange.

On September 6,1991, the authority sent letters to landowners who would receive a 30% time-saving. The letters, which were sent by first class mail, postage pre-paid, notified the landowners of the authority’s intention to form a development district. Specifically, the letters informed landowners of an upcoming advertisement for a public hearing concerning the district, the process for defeating the district’s designation, the proposed benefit formula used to calculate assessments, the special assessments, the process to pre-pay assessments, tax diversions and grants-in-aid, and so-called “treasury trips.”

On September 23, 1991, the authority printed the following announcement in the Valley News Dispatch, a local newspaper of general circulation:

PUBLIC HEARING

The Board of Directors of the Frazer Transportation Authority will hold a Public Hearing at 7:00 PM, Thursday, October 10, 1991 at the Frazer Township Municipal Building, Butler Logan Road, Frazer. The purpose of the Public Hearing is to provide all interested parties the opportunity to make comments regarding the possible formation of a Transportation Development District and related actions, including imposition of assessments, by the Frazer Transportation Authority.

Thomas J. Affinito

Executive Director

9/23/91

[658]*658As advertised, the authority held the public hearing and approximately 30 individuals expressed their views. Several representatives of the Concerned Citizens spoke at the hearing.

The authority on October 25, 1991 advertised a special meeting for the submission and consideration of written comments on the proposed district. The advertisement read as follows:

FRAZER TRANSPORTATION AUTHORITY OFFICIAL NOTICE

Dr. Frederick D. Kurn, President of the Frazer Transportation Authority, has adjourned the Public Hearing held on October 10, 1991 until October 29,1991 at 7:00 PM at the Frazer Township Municipal Building, Butler Logan Road, Frazer. Written remarks will be accepted for inclusion in the hearing record, but no further oral comments will be accepted. The hearing will be immediately followed by a Special Meeting of the Frazer Transportation Authority Board of Directors. The meeting has been called by Dr. Kurn to consider a resolution tentatively designating ■ the boundaries of a Transportation Development District, establishing a formula for imposing assessments within the district, and requesting approval of those actions as well as the Authority’s Multiyear Transportation Improvement Program by the Frazer Township Board of Supervisors.

10/25/91

At the special meeting on October 29, the authority tentatively adopted the proposed development district and assessment formula by Resolution No. 1991-2. The township then approved the authority’s development district and assessment formula by passing Resolution No. 6-1991 at its regularly scheduled meeting on November 4, 1991. Two days later, the authority “established” the development district and imposed assessments under Resolution No. 1991-3.

[659]*659The Concerned Citizens filed a complaint in equity and a statutory appeal on December 3, 1991, seeking to declare the above resolutions invalid. The trial court consolidated the actions.

After the 1991 election changed the composition of its membership, the board of supervisors held a reorganization meeting for its new members on January 6, 1992. The board of supervisors instructed its new solicitor to enter an appearance in the case in support of the Concerned Citizens opposition position.

In response to preliminary objections which had been filed earlier by the township, board of supervisors and authority, the trial court, on January 15,1992, dismissed the complaint in equity and quashed five of the ten counts of the Concerned Citizens’ statutory appeal. The trial court dismissed the remaining counts of the statutory appeal in an order dated May 6, 1992.

The Concerned Citizens now bring this appeal. The township and board of supervisors have adopted the brief of the Concerned Citizens.

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Related

Koerte v. Falls Township
863 A.2d 1264 (Commonwealth Court of Pennsylvania, 2004)
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764 A.2d 681 (Commonwealth Court of Pennsylvania, 2000)

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Bluebook (online)
623 A.2d 863, 153 Pa. Commw. 652, 1993 WL 2989, 1993 Pa. Commw. LEXIS 16, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frazer-concerned-citizens-ex-rel-mckenna-v-frazer-transportation-pacommwct-1993.