Pennsylvania Human Relations Commission ex rel. Davis v. Robert H. Wise Management

841 A.2d 1078, 2004 Pa. Commw. LEXIS 133
CourtCommonwealth Court of Pennsylvania
DecidedJanuary 22, 2004
StatusPublished

This text of 841 A.2d 1078 (Pennsylvania Human Relations Commission ex rel. Davis v. Robert H. Wise Management) 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
Pennsylvania Human Relations Commission ex rel. Davis v. Robert H. Wise Management, 841 A.2d 1078, 2004 Pa. Commw. LEXIS 133 (Pa. Ct. App. 2004).

Opinion

OPINION BY

Senior Judge FLAHERTY.

Brian Davis, through the Pennsylvania Human Relations Commission (HRC), sought damages against the Gypsy Lane Condominium Owner’s Association (Gypsy Lane) for unlawfully discriminating against him based on his familial status with regard to use of the condo pool. After a trial, this Court found that Davis failed to sustain his burden of proof and entered a verdict against HRC. This Court also gave the parties 30 days to file post-trial motions.1 Gypsy Lane filed an Application for Award of Attorney’s Fees and Expenses and HRC filed preliminary objections and a Response to that Application. For the reasons set forth below, we grant Gypsy Lane’s Request for attorney’s fees under the Pennsylvania Human Relations Act (Human Relations Act).2

Gypsy Lane requests attorney’s fees under the following four provisions: 1) Section 9(d.l) if the Human Relations Act,3 2) Section 2503 of the Judicial Code, 42 Pa. C.S. § 2503, 3) the Costs Act4 and 4) Pa. R.A.P. 2743 and 2744. HRC has filed preliminary objections with regard to Gypsy Lane’s request for attorney’s fees under the Costs Act and Section 2503 of the Judicial Code and has also filed a response to, Gypsy Lane’s request for attorney’s fees.

Initially, we note that during the hearing on Gypsy Lane’s request for attorney’s fees, HRC stated that pursuant to Pa. R.C.P. No. 1028(d), it should have the chance to plead over within twenty days in the event its preliminary objections are overruled. We disagree. The merits of this case have been decided against HRC and now this case is before this Court on post-trial motions in the nature of a re[1081]*1081quest for attorney’s fees. The rules -with regard to preliminary objections only apply to 'pleadings, not motions. Post-trial motions are governed by Pa. R.C.P. No. 227.1, which provides, in relevant part, that:

(a)After trial and upon the written Motion for Post-Trial Relief filed by any party, the court may

(5) enter any other appropriate order. Therefore, with the authority given to this Court by Pa. R.C.P. No. 227.1(a)(5), we will proceed to address the merits of Gypsy Lane’s request for attorney’s fees and enter an appropriate order.

First, Gypsy Lane requests attorney’s fees under the Costs Act. Section 3 of the Costs Act provides, in relevant part, that:

(a) Except as otherwise provided or prohibited by law, a Commonwealth agency that initiates an adversary adjudication shall award to a prevailing party, other than the Commonwealth, fees and other expenses incurred by that party in connection with that proceeding, unless the adjudicative officer finds that the position of the agency, as a party to the proceeding, was substantially justified or that special circumstances made an award unjust.
(b) A party seeking an award of fees and expenses shall submit an application for such award to the adjudicative officer and a copy to the Commonwealth agency within 30 days after the final disposition of the adversary adjudication
(c) The adjudicative officer shall make a finding of what fees and expenses to be awarded, if any, within 30 days of receipt of the application and may reduce the amount to be awarded, or deny an award, to the extent that the party during the course of the proceedings engaged in conduct which unduly and unreasonably protracted the final resolution of the matter in controversy. The decision of the adjudicative officer under this section shall be made a part of the record containing the final decision in the adversary adjudication and shall include written findings and conclusions and the reasons or basis therefor.
(d) Any party to an adversary adjudication may submit a brief to the adjudicative officer in support of its position as to whether fees and expenses should be awarded.
(e) A party dissatisfied with the fee determination made under subsection (a) may petition for leave to appeal such fee determination to the corni, having jurisdiction to review final orders of a Commonwealth agency under 42 Pa.C.S. (relating to judiciary and judicial procedure). If the court denies the petition for leave to appeal, no appeal may be taken from the denial. If the court grants the petition, review of the fee determination shall be in accordance with the standards in 2 Pa.C.S. § 704 (relating to disposition of appeal).

71 P.S. § 2033.

The Costs Act provides for an award of fees and expenses by an adjudicative officer of an agency after an adjudication by that agency. Any party aggrieved by that determination may then appeal to this Court. Here, there was no adjudication by HRC, which was the Commonwealth agency in this case. Rather, there was an adjudication by this Court, as this was an action filed in our original jurisdiction. Therefore, the Costs Act would not apply to this case. Accordingly, Gypsy Lane’s request for attorney’s fees under the Costs Act is denied.

Additionally, Gypsy Lane requests attorney’s fees under Pa. R.A.P. 2743 and 2744. However, Pa. R.A.P. 2744(2) only [1082]*1082applies if the court “determines that an appeal is frivolous ...” (emphasis added). Again, because this was an action filed in our original jurisdiction rather than an appeal of a previous determination, Gypsy Lane’s request for attorney’s fees under the Rules of Appellate Procedure is likewise inappropriate.

Next, Gypsy Lane requests attorney’s fees under Section 2503 of the Judicial Code, which provides, in relevant part, that:

The following participants shall be entitled to a reasonable counsel fee as part of the taxable costs of the matter:
(9) Any participant who is awarded counsel fees because the conduct of another party in commencing the matter or otherwise was arbitrary, vexatious or in bad faith.
(10) Any other participant in such circumstances as may be specified by statute heretofore or hereafter enacted.

42 Pa.C.S.A. § 2503 (emphasis added).

HRC argues that Gypsy Lane should be limited to requesting costs under the Human Relations Act. We agree. The Statutory Construction Act provides, in relevant part, that:

Whenever a general provision in a statute shall be in conflict with a special provision in the same or another statute, the two shall be construed, if possible, so that effect may be given to both. If the conflict between the two provisions is irreconcilable, the special provisions shall prevail and shall be construed as an exception to the general provision, unless the general provision shall be enacted later and it shall be the manifest intention of the General Assembly that such general provision shall prevail.

1 Pa.C.S.A. § 1933.

Section 2503 of the Judicial Code was enacted on July 9, 1976 and the more specific provisions regarding the assessment of fees in the Human Relations Act, paragraphs (3) and (4) of Section 9(d.l), were added in 1991 and 1997. Section 2503(10) of the Judicial Code, which provides for counsel fees for “[a]ny other participant in such circumstances as may be specified by statute heretofore or hereafter enacted”

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Related

§ 1933
Pennsylvania § 1933
§ 2503
Pennsylvania § 2503
§ 704
Pennsylvania § 704

Cite This Page — Counsel Stack

Bluebook (online)
841 A.2d 1078, 2004 Pa. Commw. LEXIS 133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pennsylvania-human-relations-commission-ex-rel-davis-v-robert-h-wise-pacommwct-2004.