A trial court will need to re-examine a property owner’s claim that a school district’s construction projects caused damages under the common-enemy rule after the Commonwealth Court determined the district could be considered negligent, despite the local township granting approval of the project.
A seven-judge en banc Commonwealth Court panel unanimously ruled Feb. 21 that the plaintiff in Bretz v. Central Bucks School District should be entitled to injunctive relief because several projects undertaken on property containing Central Bucks High School East and Holicong Middle School damaged neighboring property. The decision reversed the holdings of the trial court, which held that the district was not negligent because it did not violate any provisions of the applicable subdivision and land development ordinances.
