The Commonwealth Court reversed a trial court’s dismissal of claims brought by one township supervisor (“Plaintiff”) against the two other township supervisors (“Defendants”) for violations of the Sunshine Act and Second Class Township Code.
The alleged violations related to meetings not being open to the public, failure to provide reasonable notice, and lack of reasonable opportunity for public comment. The trial court granted preliminary objections filed by Defendants, concluding that any violations that may have occurred were cured by ratification at subsequent public meetings that complied with the requirements of the Act and the Code. In reaching this conclusion the trial court reviewed the minutes and video recordings for some of the public meetings. The Commonwealth Court reversed, finding Plaintiff had adequately pled causes of action for violations of the Act and the Code. The Court noted that the trial court had failed to accept Plaintiff’s well-pled facts as true and had gone outside of the amended complaint when determining that the claims were legally insufficient.