The Boro of W. Chester, Aplt. v. Passhe

Summary

The Supreme Court of Pennsylvania affirmed the Commonwealth Court’s summary judgment, holding that West Chester’s stormwater charge is a local tax because the borough provides the service in its public capacity and there is no contractual relationship, rendering the university immune. The Court also affirmed the lower court’s allocation of the burden of proof to the borough. The decision was contested by separate opinions (Justice McCaffery, Justice Wecht, Justice Mundy) which argued the charge should be treated as a fee.