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§ 1059.8. Attorney fees

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 8 Pa.C.S.A. Boroughs and Incorporated TownsEffective: June 17, 2014

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 8 Pa.C.S.A. Boroughs and Incorporated Towns
Part I. Boroughs (Refs & Annos)
Chapter 10. Powers and Duties of Elected Officials
Subchapter C. Auditors (Refs & Annos)
Effective: June 17, 2014
8 Pa.C.S.A. § 1059.8
Formerly cited as PA ST 53 P.S. § 46059.8
§ 1059.8. Attorney fees
Currentness
(a) Fees awarded.--Upon final determination of an appeal taken under section 1059.4 (relating to appeals from audit) from any report, audit or settlement of the account of any borough officer, attorney fees shall be awarded as follows:
(1) If, in the opinion of the court, the final determination is more favorable to the borough officer involved than that awarded by the auditors, the borough shall pay reasonable attorney fees or, under paragraph (3), a portion of reasonable attorney fees incurred by the officer in connection with the surcharge proceeding.
(2) If, in the opinion of the court, the final determination is more favorable to the borough than that awarded by the auditors in the case of an appeal taken by the borough or a taxpayer, the borough officer who is the subject of the surcharge proceeding shall pay reasonable attorney fees or, under paragraph (3), a portion of reasonable attorney fees incurred by the borough, elector or taxpayer in connection with the surcharge proceeding.
(3) If, in the opinion of the court, the final determination is in part more favorable to the borough and in part more favorable to the borough officer involved in the surcharge proceeding than that awarded by the auditors, the court may order:
(i) the borough to pay a portion of reasonable attorney fees incurred by the officer in connection with the surcharge proceeding; or
(ii) the borough officer who is the subject of the surcharge proceeding to pay a portion of reasonable attorney fees incurred by the borough or taxpayer in connection with the surcharge proceeding.
(b) Other accounts.--The attorney fees in case of appeals involving accounts other than those of borough officers shall be allocated in the court's discretion.

Credits

2014, April 18, P.L. 432, No. 37, § 1, effective in 60 days [June 17, 2014].
8 Pa.C.S.A. § 1059.8, PA ST 8 Pa.C.S.A. § 1059.8
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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