Anthony Sherr and The Sherr Law Group Secure Victory in Declaratory Judgment Action for East Greenville Borough

In a recent legal battle, Anthony Sherr and the esteemed Sherr Law Group achieved a remarkable victory for their client, East Greenville Borough. The case involved a Declaratory Judgment Action initiated by Pennsburg Borough following the dissolution of a Regional Police Department. Pennsburg sought to force East Greenville to bear the expenses associated with the former police department and its pension plan. However, the court’s ruling, written by Judge Saltz, firmly dismissed Pennsburg’s claims, highlighting the absence of legal obligations. This landmark victory for East Greenville not only relieves them of further financial burden but also secures a substantial monetary award.

Read the Decision Here

The Dispute and Legal Background

The legal dispute arose between East Greenville Borough and Pennsburg Borough, the only two municipalities involved in the dissolved Regional Police Department. Following the department’s dissolution, Pennsburg established its independent police department by hiring all the former officers and the chief. However, Pennsburg’s actions took an unexpected turn when they filed a Declaratory Judgment Action, demanding that East Greenville continue to bear the expenses associated with the defunct Regional Police Department, including contributions to the Police Pension Plan.

In Pennsylvania, Regional Police Departments operate under Inter-Municipal Agreements (IMA), which define their governance structure. Typically, IMAs contain provisions related to the dissolution or withdrawal of a member. However, in this case, the IMA had minimal provisions. It allowed a party to withdraw with six months’ notice and mandated the division of existing equipment based on each municipality’s contribution percentage. Apart from these stipulations, there were no other provisions related to dissolution.

The Court’s Ruling and Its Implications

Judge Saltz’s opinion decisively dismissed Pennsburg’s claim, affirming that East Greenville had no ongoing obligations to the latter or its police department. The judge’s analysis of the Inter-Municipal Agreement and the Collective Bargaining Agreement revealed no provisions that would require East Greenville to continue contributing to the police Pension fund following their withdrawal from the IMA. Moreover, Pennsburg failed to identify any Pennsylvania law that would impose such continuing obligations on the withdrawing borough.

This ruling has far-reaching implications, setting a precedent for future cases involving the dissolution of Regional Police Departments in Pennsylvania. It underscores the importance of clear and explicit provisions within Inter-Municipal Agreements to govern the financial responsibilities of municipalities. The court’s firm stance establishes that withdrawal from such agreements does not automatically imply an ongoing obligation to contribute to expenses incurred by the remaining party.

Monetary Award

In addition to dismissing Pennsburg’s claims, the court also ruled in favor of East Greenville Borough, awarding them $83,553.75. This amount represents East Greenville’s rightful share of the value of the equipment retained by Pennsburg following the dissolution of the Regional Police Department. The awarded sum acknowledges the unfairness of depriving East Greenville of their rightful assets and compensates for their loss.

A Win for Our Client, East Greenville Borough

Anthony Sherr and the Sherr Law Group have achieved an exceptional legal victory for their client, East Greenville Borough, in a Declaratory Judgment Action brought by Pennsburg Borough. The court’s ruling, penned by Judge Saltz, solidified East Greenville’s position by rejecting any ongoing obligations to Pennsburg or its police department. This landmark decision clarifies the importance of explicit provisions within Inter-Municipal Agreements and reinforces the principle that withdrawal does not entail continuing financial responsibility. Furthermore, the monetary award secured for East Greenville serves as just compensation for the loss incurred during the dissolution of the Regional Police Department.

 

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