Harmar Twp. v. Deer Creek Drainage Basin Authority

39 Pa. D. & C.3d 541, 1984 Pa. Dist. & Cnty. Dec. LEXIS 67
CourtPennsylvania Court of Common Pleas, Alleghany County
DecidedJune 26, 1984
Docketno. G.D. 84-1376
StatusPublished

This text of 39 Pa. D. & C.3d 541 (Harmar Twp. v. Deer Creek Drainage Basin Authority) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Alleghany County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harmar Twp. v. Deer Creek Drainage Basin Authority, 39 Pa. D. & C.3d 541, 1984 Pa. Dist. & Cnty. Dec. LEXIS 67 (Pa. Super. Ct. 1984).

Opinion

FINKELHOR, J.,

The above matter is before the court on application of Harmar Township, Springdale Borough, Cheswick Borough and Springdale Township' to stáy an arbitration proceeding between the Allegheny Valley Joint Sewage Authority (Allegheny Valley) and the Deer Creek Drainage Basin Authority (Deer Creek). The four municipalities, which make up the Allegheny Valley Authority, claim that their interests may be adversely affected by the outcome of said aribtration. Thus, the issue is whether a nonparty to an arbitration agreement may stay a pending arbitration proceeding on the grounds that the result may adversely affect the interests of the nonparty.1

BACKGROUND

Allegheny Valley is a municipal authority, organized under the Municipalities Authorities Act of 1945, 53 P.S. §301 et seq., by the four municipal plaintiffs. In December 1962, plaintiffs entered into an agreement under which the municipalities would share the cost of operating the sewer system and sewage treatment facility. The 1962 agreement further provided that the municipalities would pay [543]*543the pro rata cost of operation, based on the actual amount of water consumed. Plaintiffs appoint the members of the Authority.

The agreement further authorized Allegheny Valley to contract with other customers and, subject to the approval of the creating municipalities, provide sanitary services to their customers on terms not materially more favorable than those rates provided to the four original municipalities.

In January 1976, Allegheny Valley entered into a contract with Deer Creek under which Deer Creek connected its sewer lines into Allegheny Valley’s treatment facility.

Section 5.05 of this agreement provides as follows:

“In the event of any dispute between any of the parties hereto with respect to any matter arising out of this Agreement and not otherwise specifically herein provided for or being herein expressed to be at the sole discretion of any party of this Agreement, and not being settled within a reasonable time upon the recommendation of Allegheny Valley Authority’s consulting engineer and Deer Creek Authority’s consulting engineer, such dispute shall be settled by arbitration in accordance with the provisions of the Act of April 25, 1927, P.L. 381 of the Commonwealth of Pennsylvania, or any similar act in lieu thereof then in effect. In any such case three arbitrators.shall be appointed, one of whom shall be appointed by Allegheny Valley Authority, one by the customers and the third shall be selected by the arbitrators so appointed. The decision of the majority of the arbitrators appointed pursuant to the. provisions of this Article V shall be binding and conclusive upon all parties to this agreement.” (Emphasis added.)

[544]*544Currently, a dispute has arisen regarding the meaning of certain terms in the agreement.2 Deer Creek has requested that the term operating expense as it appears in section 1.01 of the agreement be reformed so that fewer of the expenses would be attributable to Deer Creek, with the possible result that the operting expenses of the remaining users of the system would increase. Upon failure of attempts to resolve this dispute amicably, Deer Creek, by letter dated May 10, 1983, notified the authority of the problem. Subsequently, a panel of arbitrators to hear the dispute was selected and the schedule of arbitration proceedings established. However, before the arbitration could proceed, plaintiffs filed the instant application for stay.

By order of court dated January 25, 1984, the arbitration proceeding was stayed pending a February 8 hearing. Following oral argument, this court permitted the various parties 30 days in which to file stipulations of fact and supporting briefs. The arbitration proceeding was stayed until June 1, 1984. Supporting briefs were filed by all parties.

POSITION OF THE PARTIES

Plaintiffs seek to prevent arbitration between Allegheny Valley and Deer Creek on the grounds that their interests could be adversely affected by a decision of the arbitrators in favor of Deer Creek. They argue that the reformation of the agreement sought by Deer Creek would, if granted, reduce Deer Creek’s costs for use of the system and that such charges would, of necessity, be passed along to them. The result would be to force Allegheny Valley [545]*545into violating the 1962 agreement by providing services to Deer Creek on more favorable terms than those given the original subscribers — i.e.,. plaintiff municipalities. Allegheny Valley takes a position substantially similar to that of plaintiffs.

Conversely, Deer Creek seeks to enforce the arbitration clause of its Contract Customer Agreement and contends that the four municipalities lack standing to seek a stay of arbitration as they are not. parties to the agreement. On the merits, Deer Creek argues that the effect, if any, of the adjudication on plaintiffs is irrelevant because their rights arise out of separate agreements. Additionally, Deer Creek raises defenses of estoppel and laches. Plaintiffs were invited to intervene in the arbitration proceedings to protect their interests but remain opposed to arbitration.

DISCUSSION

The Uniform Arbitration Act, 42 Pa.C.S. §7301 et seq., provides as follows:

“A written agreement to subject any existing controversy to arbitration or a provision in a written agreement to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity relating to the validity, enforceability or revocation of any contract.” 42 Pa.C.S. §7303

It is the public policy of the Commonwealth to give effect to arbitration agreements. Where the parties by contract contemplate the settlement of disputes by arbitration, every reasonable intendment should be made in favor of the agreement. Children’s Hospital of Philadelphia v. American Arbitration Association, 231 Pa. Super. 230, 331 A.2d [546]*546848 (1974); Capecci v. Capecci, Inc., 11 D.&C.2d 459 (1958), aff'd 392 Pa. 32, 139 A.2d 563. Judicial inquiry into the arbitrability of a dispute is limited to a determination of whether or not the parties entered into an agreement and whether or not the dispute falls within the scope of that agreement. Scranton Federation of Teachers v. Scranton School District, 66 Pa. Commw. 466, 445 A.2d 260 (1982); Lincoln University v. Lincoln University Chapter, 467 Pa. 112, 354 A.2d 576 (1976). The court may, on application of a party, stay an arbitration on a showing that there is no agreement to arbitrate. 42 Pa.C.S. §7304(b)

It is well settled in Pennsylvania that a nonparty to an arbitration agreement cannot be forced to arbitrate, Cumberland & Perry Area Vocational Technical School Authority v. Bogar & Bink, 261 Pa. Super. 350, 396 A.2d 433 (1978), but counsel has not submitted any precedent on the right of a nonparty to stay arbitration proceedings.

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Bluebook (online)
39 Pa. D. & C.3d 541, 1984 Pa. Dist. & Cnty. Dec. LEXIS 67, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harmar-twp-v-deer-creek-drainage-basin-authority-pactcomplallegh-1984.