Edward Jarosz Wins Appeal In Chester County, Pennsylvania

January 5, 2017

On December 22, 2016, Edward Jarosz won an appeal of the grant of summary judgment in the Court of Common Pleas in Chester County, Pennsylvania in Lincoln Investors, LP v. King, No. 2012-06331.  The plaintiffs claimed that flooding was caused at the Lincoln Shopping Center due to deficiencies and improper alterations to the below ground storm water management systems existing on the properties in the surrounding area.  Mr. Jarosz successfully argued that our client, who owned a surrounding property parcel, was not in violation of the Storm Water Management Act, that the plaintiffs are not entitled to equitable relief, and that certain of the plaintiff’s claims are barred by the statute of limitations.  The Plaintiffs appealed to the Commonwealth Court seeking a decision that the Storm Water Management Act could be violated even where a county approved storm water management plan was not in place.  The Commonwealth Court accepted the position argued by Mr. Jarosz that it is impossible to be held in violation of a statute/ordinance which did not exist at the time of the alleged violation. 

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