Superior Court Holds, Seeking Relief in County Court in Alleged Breach of Contract Provides Venue in the Filing County.

This case concerned a breach of contract claim related to drilling rights between the parties on the defendant’s property. The parties entered into a settlement agreement to provide the rights in Greene County, and payment was made in Greene County. The plaintiff is located in Allegheny County and the defendant in Fayette County. Before wells could be drilled, the defendant filed objections to the drilling project with the Depart of Environmental Protection (DEP) in Allegheny County. The plaintiff brought suit in Allegheny County, and venue was challenged by the defendant. The trial court transferred the case to Greene County, where the agreement was made. 

The Superior Court reversed, finding (1) venue is proper either where the contract was formed (2) or where the contract was breached. Thus, venue was proper in Greene County and Allegheny County as that is where the defendant filed objections with the DEP. The case was remanded to Allegheny County. 

The import of this case is the court focused on where the objections were filed as grounds for venue. Moving forward, in breach of contract actions, attorneys can use court filings in a county related to an alleged breach of contract as grounds for venue in the filing county.  

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