Property owner claims Swarthmore Borough allowed sale of alcohol

By Jenie Mallari-Torres | Oct 16, 2018

MEDIA — A property owner is suing Swarthmore Borough Inc., a government entity, citing alleged breach of contract.

Patrick Flanigan filed a complaint on Oct. 1 in the Delaware County Court of Common Pleas against Swarthmore Borough Inc., alleging the government entity breached its duty of good faith and fair dealings.

According to the complaint, the plaintiff alleges he and other residents of Swarthmore Borough were injured as a result of the unlawful conduct of the defendants in allowing spirituous or intoxicating liquors to be sold on Borough properties, despite the restrictive covenant that prohibits the making or selling of any alcoholic drinks. 

The plaintiff holds Swarthmore Borough Inc. responsible because the defendant allegedly permitted the selling and distribution of alcohol on their properties in violation of the Biddle/Hall deed.

The plaintiff requests a trial by jury and seeks judgment against defendant for a cease and desist order and declaratory relief. He is representing himself in Swarthmore.

The Delaware County Court of Common Pleas Case No. is 18-7705.

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