Agony of Defeat Revisited

If you have followed my blog back in February, I posted about losing a case involving the township auditors in a surcharge action. I spent last week preparing my appellate brief for the Commonwealth Court and just sent it out yesterday. The issues on appeal are whether the auditors proved by a preponderance of the evidence that the supervisors improperly purchased the loader and paid a higher price than they had contracted for a different loader; whether the trial court decision to bifurcate the trial improperly shifted the burden of proof; whether the trial court decision violates the requirements for public bidding and public policy; and whether the trial court failed to recognize the "financial loss" to the township. It will be interesting to see what the Commonwealth Court does with the appeal. I will continue to update.

Buckwalter Update

Back in February, I had posted about the Buckwalter case which upheld an ordinance that changed the compensation of the Borough Council. On September 3, 2008 the Pennsylvania Supreme Court granted allocatur and will hear the appeal from the Commonwealth Court's decision.

Thank you to all of you readers that sent the link to me concerning the grant of allocatur.