Sherr Law Group Represented the Fire Company
PHILADELPHIA, March 28, 2024 /PRNewswire/ -- Sherr Law Group,
representing Lincoln Fire Company,
is pleased to announce a significant legal victory following the
reversal of a lower court decision by the Pennsylvania Commonwealth Court. Stefanie Sherr and Anthony Sherr successfully navigated the legal
proceedings, ensuring that Lincoln
Fire Company retains control over its assets, in line with the
wishes of its members.
The case arose from Whitemarsh
Township's decision to remove Lincoln Fire Company, one of the three
volunteer fire companies serving the township. In response,
Lincoln Fire Company's members
voted to distribute 75% of its assets to the Montgomery County Fire Academy and the
remaining assets to North Penn Goodwill Services during dissolution
proceedings.
However, the Pennsylvania
Attorney General's Office contested these designations, leading to
a legal dispute in the Montgomery County Orphans Court. Judge
Lois E. Murphy ruled in favor of
applying the doctrine of cy pres, designating Spring Mill and Barren Hill as beneficiaries of
Lincoln Fire Company's assets.
This decision has now been overturned by the Pennsylvania Commonwealth Court.
In its ruling, the Commonwealth Court emphasized the importance
of honoring the autonomy of Lincoln Fire Company and respecting the
intentions of its members. The court acknowledged Lincoln Fire Company's intent to identify
suitable beneficiaries and manage its affairs independently,
rendering the application of cy pres unnecessary.
The case has been remanded back to the Montgomery County Orphans
Court, allowing Lincoln Fire
Company, with the continued representation of Sherr Law Group, the
opportunity to designate other beneficiaries.
Stefanie Sherr, Partner at Sherr
Law Group, expressed satisfaction with the court's decision,
stating, "We are pleased with the Pennsylvania Commonwealth Court's recognition
of Lincoln Fire Company's autonomy
and the rights of its members. This outcome ensures that
Lincoln Fire Company can continue
its charitable endeavors and serve its community effectively."
Sherr Law Group boasts decades of experience representing
clients in Pennsylvania's courts
in areas such as municipal and employment law, insurance defense,
and products liability. Since 1957, they have earned the confidence
of clients as a trusted partner in law and litigation.
Case Reference: In re: Lincoln Fire Company, Non-Profit Corporation,
Appeal of Lincoln Fire Company,
No. 479 C.D. 2022 (Pa. Cmwlth. Ct. 1/16/2024)
Contact:
Anthony Sherr, Managing Partner
Sherr Law Group
Phone: 484-591-3001
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SOURCE Sherr Law Group