Schreck v. North Codorus Township

In Schreck v. North Codorus Township, 126 Pa. Commw. 407, 559 A.2d 1018 (Pa. Cmwlth. 1989), property owners brought an action against the township and its sewage enforcement officer for damages caused to their property by malfunctioning sewage systems. The complaint alleged that the sewage systems had been negligently installed because of permits improperly issued by North Codorus Township. The complaint alleged that the township had failed to perform the necessary soil tests; failed to analyze soil conditions; allowed construction of facilities on land unsuitable for those systems; and improperly permitted the systems. The township responded that it performed duties imposed upon it by statute, not by "contract" with the plaintiffs. Id. at 1022 n.5. The Court agreed and held that a township's negligent completion of its governmental duties was not actionable in tort or in contract.