Commonwealth v. DePaul
Commonwealth v. DePaul
Opinion of the Court
Opinion by
This case stems from our decision in Pennsylvania Department of Transportations. DePaul, 29 Pa. Commonwealth Ct. 447, 371 A.2d 261 (1977) in which we affirmed an order in the amount of $396,300.20 of the Board of Arbitration of Claims (Board) in favor of respondents’ interpretation of a contract to install traffic signals in Philadelphia. On appeal to this Court, the petitioner on September 9, 1976 filed its Statement of Issues and Record Designation to effect an accelerated reproduction of the. record pursuant to Pa. R.A.P. 2154(b). However, it was not until September 28,1976, 9 days after the allowable time under
In Tunison v. Commonwealth, 347 Pa. 76, 31 A.2d 521 (1943) our Supreme Court held that costs may not be imposed against the Commonwealth in the absence of a statute and the legislative intention to do so must be clearly manifest either by express terms or necessary implication. Following Tunison in Richmond v. Pennsylvania Higher Education Assistance Agency, 6 Pa. Commonwealth Ct. 612, 297 A.2d 544 (1972) we denied costs for a hearing transcript because the statute creating the Pennsylvania Higher Education Assistance Agency was totally silent as to hearing costs. In the case here, however, the statute creating the Board of Arbitration of Claims expressly provides that costs may be placed against the Commonwealth by the Board. Section 8 of the Act of May 20, 1937 (Act), P.L. 728, as amended, 72 P.S. §4651-8. We are faced then with the question: does the statute
We answer in the affirmative. As this Court has repeatedly said the Act creating the Board of Arbitration of Claims effectively waives the Commonwealth’s immunity from suit with respect to claims arising from contracts. Kreider v. Pennsylvania Human Relations Commission, 9 Pa. Commonwealth Ct. 491, 308 A.2d 642 (1973). As such, the plain import of the Act is to place the Commonwealth in the position of a private litigant with respect to those contracts. Pennsylvania Turnpike Commission v. Sanders & Thomas, Inc., 12 Pa. Commonwealth Ct. 145, 316 A.2d 127 (1974). This conclusion is further supported by the express power of the Board to assess costs against either the Commonwealth or the claimant.
With regard to Pa. B.A.P. 2741, it has long been the policy of the courts of this Commonwealth to liberally interpret rules relating to costs in order to justly compensate parties who have been obliged to incur necessary expenses in prosecuting lawful claims or in defending against unjust or unlawful ones. Tunison, supra. In this case, the respondent was willing to abide by the order of the Board and it was the Commonwealth who was dissatisfied and took the appeal thereby causing costs to be incurred. Under such circumstances, the Commonwealth has advanced no argument other than its general immunity as to why costs should not follow the verdict here as in Tunison, supra.
Pa. R.A.P. 2156 regarding supplemental records states in pertinent part, “When, because of exceptional circumstances, the parties are not able to cooperate on the preparation of the reproduced record as a single document, the appellee may . . . file a Supplemental Reproduced Record. . . .” The rule clearly contemplates more than one record only where agreement on the mechanics of a joint effort collapses without affording sufficient time to file under the Rule. See note, Pa. R.A.P. 2156. Under the Rule the Court may suppress a supplemental record which has been separately reproduced without good cause and likewise we think the Court should properly deny costs where it
Accordingly, we will enter the following
Order
Now, October 20, 1977, it is hereby ordered that respondents’ Bill of Costs in No. 1421 C.D. 1976 for respondents’, brief in the amount of $86.78 be granted and its Bill for $2,236.34 for their Supplemental Reproduced Record be denied.
For an analysis of the taxing of costs see Judge Mencer’s opinion in Taged, Inc. v. Zoning Board of Adjustment, 6' Pa. Commonwealth Ct. 331, 295 A.2d 339 (1972).
Petitioners also suggest this Court’s modification of the Board’s order with respect to the interest portion of the award subjects
Reference
- Full Case Name
- Commonwealth of Pennsylvania, Department of Transportation v. Peter DePaul and Eugene DePaul, Trading as Tony DePaul & Son
- Cited By
- 2 cases
- Status
- Published