Meehan v. Cheltenham Township ( 1963 )

Concurring Opinion by

Mr. Chief Justice Bell :

I have several times expressed my strong opposition to the unjust enrichment doctrine and its adoption in Pennsylvania. The adoption of snch a doctrine would, in my judgment, create considerable chaos in the law and greatly increase litigation. Equitably and morally plaintiffs are certainly entitled to recover in this case, but I regret to say that they have no legally justifiable claim. I see no reason, however, why plaintiffs’ equitable and moral claim should not be paid by the township pursuant to a proper authorizing ordinance or resolution.