Murray v. Upper Pottsgrove Township

The American Civil Liberties Union of Pennsylvania and Catherine M. Harper of Timoney Knox, LLP filed a lawsuit against Upper Pottsgrove Township on behalf of Matthew Murray, a township resident who was advocating against the development of a piece of permanently protected public land.

Mr. Murray filed a number of Right To Know requests to obtain township records regarding the development of the land. Using those records as evidence, Mr. Murray then successfully sued the township alleging that its development plan was in violation of the Pennsylvania Open Space Act.

In retaliation, the township sued Mr. Murray in the Court of Common Pleas of Montgomery County, asking the court to issue an injunction to prevent Mr. Murray from filing additional Right To Know requests.That request was denied by the court and the township’s case was dismissed.

The ACLU-PA’s lawsuit against the township draws on Pennsylvania’s 2024 law allowing a party to assert immunity or seek legal fees against another party for filing a Strategic Lawsuit Against Public Participation or “SLAPP” litigation as a means to silence or intimidate critics.

The lawsuit asks Upper Pottsgrove Township to reimburse Mr. Murray for the legal fees he incurred defending himself against the township’s meritless litigation.