In Re the Upset Sale of Props. Against Which Delinquent 1981 Taxes Were Returned to the Tax Claim Unit on or About the First Monday of May, 1982, 560 A.2d 1388 (Pa. 1989). · Go Syfert
In Re the Upset Sale of Props. Against Which Delinquent 1981 Taxes Were Returned to the Tax Claim Unit on or About the First Monday of May, 1982, 560 A.2d 1388 (Pa. 1989). Cases Citing This Book View Copy Cite
183 citation events (40 in the last 25 years) across 10 distinct courts.
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Cited for
560 A.2d at 1389 Absolute nature of governmental immunity defense18 citing casestaxing authority did not waive statutory defense of immunity by failing to raise it until its petition for allowance of appeal to Supreme Court1 citing court put it this way
  • Brooks v. Cole; Apl of: Fam. Court, No. 4 EAP 2021 (Pa. Sept. 22, 2021).published
    Because sovereign immunity is an absolute defense that is not waivable, Brooks argues “[a]n immunity defense does not, in and of itself, entitle a litigant to appellate review of an interlocutory order.” Id. at 15-16 (citing In re Upset Sa…
  • R. Beck v. Fayette Cnty. Tax Claim Bureau & S. McCarty, No. 236 C.D. 2018 (Pa. Commw. Ct. Nov. 16, 2018).unpublished
    In re Upset Sale of Properties (Skibo), 560 A.2d 1388, 1389 (Pa. 1989).
  • Gohrig v. Cnty. of Lycoming & City of Williamsport, No. 159 C.D. 2018 (Pa. Commw. Ct. Sept. 21, 2018).unpublished
    Against Which Delinquent 1981 Taxes Were Returned to Tax Claim Unit On or About First Monday of May, 1982 (SKIBO Prop.), 560 A.2d 1388, 1389 (Pa. 1989). 4 Act of February 2, 1966, P.L. 1860, as amended, 68 P.S. §§ 477-1-477-8.
  • In Re: Balaji Investments, LLC, & Savana Props., LLC, 148 A.3d 507 (Pa. Commw. Ct. 2016).published
    In re Upset Sale of Properties Against Which Delinquent 1981 Taxes Were Returned to Tax Claim Unit On or About First Monday of May, 1982 (SKIBO Properties), 522 Pa. 230 , 560 A.2d 1388, 1389 (1989); see also In re Judicial Sale, Tax Claim…
  • Edison Learning, Inc. v. Sch. Dist. of Philadelphia, 56 F. Supp. 3d 674 (E.D. Pa. 2014).published
    It is an “absolute defense,” id., meant to protect a local government from being “engulfed in a tidal wave of liability.” In re Upset Sale of Properties, 522 Pa. 230 , 560 A.2d 1388, 1389 (1989).
  • Zauflik v. Pennsbury Sch. Dist., 72 A.3d 773 (Pa. Commw. Ct. 2013).published
    Moreover, the “[djefense of governmental immunity is an absolute defense, directly analogous to our holding in workers’] compensation cases and is not waivable ... nor is it subject to any procedural device that could render a governmental…
  • Storms Ex Rel. Storms v. O'MALLEY, 779 A.2d 548 (Pa. Super. Ct. 2001).published
    (taxing authority did not waive statutory defense of immunity by failing to raise it until its petition for allowance of appeal to Supreme Court)
  • Taylor v. City of Philadelphia, 692 A.2d 308 (Pa. Commw. Ct. 1997).published 4 cites
    In In re Upset Sale, 522 Pa. 230, 232 , 560 A.2d 1388, 1389 (1989), the Supreme Court stated: Defense of governmental immunity is an absolute defense, directly analogous to our holding in workmen’s compensation cases and is not waivable, L…
  • McCulloch v. Dist. of Columbia, 685 A.2d 399 (D.C. 1996).published
    As the Supreme Court of Pennsylvania has stated in a different but related *404 context, municipal exposure could “spread, pebble in a pond, until the governmental agency would be engulfed in a tidal wave of liability.” In re Upset Sale of…
  • Frazier v. Se. Pennsylvania Transp. Auth., 868 F. Supp. 757 (E.D. Pa. 1994).published
    In that case, the court stated that the “[d]efense of governmental immunity is an absolute defense ... and is not waivable, nor is it subject to any procedural device that could render a governmental agency hable beyond the exceptions gran…
Show 8 more citing cases
  • Philadelphia Police Dept. v. Gray, 633 A.2d 1090 (Pa. 1993).published
    Similarly, in In re: Upset Sale of Properties Against Which Delinquent 1981 Taxes Were Returned to the Tax Claim Unit On or About the First Monday of May, 1982 (Skibo Property), 522 Pa. 230 , 560 A.2d 1388 (1989) we stated that the defense…
  • Hough v. Com., Dept. of Transp., 624 A.2d 780 (Pa. Commw. Ct. 1993).published
    In Tulewicz v. Southeastern Pennsylvania Transportation Authority, 529 Pa. 588, 593 , 606 A.2d 427, 429 (1992), our Supreme Court reiterated its holding in In re Upset Sale, 522 Pa. 230, 232 , 560 A.2d 1388, 1389 (1989), that the defense o…
  • City of Philadelphia v. Brown, 618 A.2d 1236 (Pa. Commw. Ct. 1992).published 2 cites
    To the extent that the City's petition to amend the trial court order of December 31, 1987 pursuant to 42 Pa.C.S. § 702(b) was procedurally defective because it was not filed until almost four years later, our Supreme Court in 1989 made th…
  • Delores Simmons, Adm'x of the Est. of Daniel La Friscoe Simmons v. The City of Philadelphia Police Officer A. Panati, Badge No. 2587, 947 F.2d 1042 (3d Cir. 1991).published 6 cites
    Skibo held that “a governmental agency cannot be put at the mercy of negligent or agreed waiver by counsel of a substantive right designed to protect its very existence.” Id. at 232 , 560 A.2d at 1389 (emphasis added).
  • Dept. of Environ. Resources v. Myers, 581 A.2d 696 (Pa. Commw. Ct. 1990).published
    As our Supreme Court stated in In re the Upset Sale of Properties, 522 Pa. 230, 232 , 560 A.2d 1388, 1389 (1989), “Defense of governmental immunity is an absolute defense ... and is not waivable, nor is it subject to any procedural device…
  • Favoroso v. Bristol Borough, 569 A.2d 1045 (Pa. Commw. Ct. 1990).published
    The Supreme Court has recently stated, “Defense of governmental immunity is an absolute defense, directly analogous to our holding in workmen’s compensation cases and is not waivable ... nor is it subject to any procedural device that coul…
  • Boykins v. City of Reading, 562 A.2d 1027 (Pa. Commw. Ct. 1989).published
    The Pennsylvania Supreme Court recently stated that the “[djefense of governmental immunity is an absolute defense ... and is not waivable ... nor is it subject to any procedural device that could render a governmental agency liable beyond…
  • McShea v. City of Philadelphia, 995 A.2d 334 (Pa. 2010).published 5 cites
    See In re Upset Sale of Properties, 522 Pa. 230 , 560 A.2d 1388, 1389 (1989).
522 Pa. at 232 “a governmental agency cannot be put at the mercy of negligent ... waiver by counsel of a substantive right designed to protect its very existence”3 citing cases2 citing courts quote it
  • City of Philadelphia v. Brown, 618 A.2d 1236 (Pa. Commw. Ct. 1992).published 2 cites
    To the extent that the City's petition to amend the trial court order of December 31, 1987 pursuant to 42 Pa.C.S. § 702(b) was procedurally defective because it was not filed until almost four years later, our Supreme Court in 1989 made th…
  • Bright v. Westmoreland Cnty., 443 F.3d 276 (3d Cir. 2006).published 5 cites
    (finding the defense of municipal immunity non-waivable by litigants because "a governmental agency cannot be put at the mercy of negligent ... waiver by counsel of a substantive right designed to protect its very existe…)
  • Merryman v. Farmington Volunteer Fire Dep't, 572 A.2d 46 (Pa. Commw. Ct. 1990).published
Other citing cases2 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
In Re the UPSET SALE OF PROPERTIES AGAINST WHICH DELINQUENT 1981 TAXES WERE RETURNED TO the TAX CLAIM UNIT ON OR ABOUT the FIRST MONDAY OF MAY, 1982 (SKIBO PROPERTY). Appeal of TAX CLAIM UNIT OF NORTHAMPTON COUNTY, Pennsylvania
79 E.D. Appeal Dkt. 1988.
Supreme Court of Pennsylvania.
Jun 30, 1989.
Published opinion
560 A.2d 1388
1989 Pa. LEXIS 319
John J. Bartos, Bethlehem, for appellant., Erv D. McLain, for appellee.
Nix, Larsen, Flaherty, McDermott, Zappala, Papadakos.
Cited by 69 opinions  |  Published

OPINION

McDERMOTT, Justice.

The appellants are the Tax Claim Unit of Northampton County. They were charged with negligence in failing to notice a resident of her redemption rights following a tax sale of her property. The property was put to sale for delinquent taxes and sold to the appellees. Subsequently, because of the negligent failure of the appellants to give notice, the sale was voided. The appellees brought suit against the taxing authority claiming damage for loss of interest on the amounts they borrowed to buy the property at the sale. The common pleas court accepted their argument that they were entitled to both interest on the funds in[*232] the possession of the tax authority and $907.00 for the interest they paid on the money they borrowed. The trial court gave both the interest earned and the interest lost. In view of our holding, little more need be said.

The tax claim unit has raised their governmental immunity for the first time on appeal. They claim they are not only immune but that their immunity is not waivable, even if they negligently failed to do so before. Perhaps here is one reason their immunity cannot be waived; a governmental agency cannot be put at the mercy of negligent or agreed waiver by counsel of a substantive right designed to protect its very existence. Such negligence can spread, pebble in a pond, until the governmental agency would be engulfed in a tidal wave of liability. This Court in Mayle v. Pennsylvania Department of Highways, 479 Pa. 384, 388 A.2d 709 (1978) obviated sovereign immunity as a common law defense and the legislature promptly restored it. The legislature, in restoring it, granted some exceptions where the negligence is as common as it is injurious to its victims. That they relented at all, however, is of grace and not of right. The exceptions granted by the legislature are not implicated by negligence in a tax sale as distinguished from the use of real estate owned by a governmental agency. Mascaro v. Youth Study Center, 514 Pa. 351, 362, 523 A.2d 1118 (1987). Defense of governmental immunity is an absolute defense, directly analogous to our holding in workmen’s compensation cases and is not waivable, LeFlar v. Gulf Creek Industrial Park, 511 Pa. 574, 515 A.2d 875 (1986), nor is it subject to any procedural device that could render a governmental agency liable beyond the exceptions granted by the legislature. Wilson v. Philadelphia Housing Authority, 517 Pa. 318, 536 A.2d 337 (1988). In the instant case the trial court gave what interest was gained on the money the tax agency held during the pendency of this action at the legal rate of interest. The appellees, however imposed upon by the clear negligence of the tax claim unit, are not entitled to more under the clear intent of the legislature.

[*233] The order of the Commonwealth Court, 111 Pa.Cmwlth. 33, 533 A.2d 487, is hereby reversed.

PAPADAKOS, J., concurs in the result. LARSEN, J., dissents.