Judge Strikes Down Ordinance Creating Upper Darby Earned Income Tax

An ordinance creating an Upper Darby EIT was struck down by a Common Pleas judge for violating Home Rule Charter rules.

An Upper Darby EIT (earned income tax) isn’t coming in 2025  because a court has determined the ordinance that created it violated the township’s Home Rule Charter, writes Pete Bannon for the Daily Times.

A second ordinance passed Sept. 4 limiting public speaking during public hearings, was also struck down by the judge.

Common Pleas Judge Spiros E. Angelos said in the one-page ruling that the two ordinances were made at the first of two September meetings meant to be workshops where final actions aren’t taken except in emergency situations.

The tax is off the table for 2025 since the township missed the deadline to put the EIT proposal on a meeting agenda before Dec. 1.

The Pennsylvania Department of Community and Economic Development would have had to been notified about the new tax by Dec. 1 for it to go into effect in 2025.

“As a result, we will look at our finances,” said Council President Hafiz Tunis Jr. “We’ll have to get creative.”

The court challenge to the public speaking limits came from Upper Darby resident John DeMasi and six other residents.

“We have the right to speak,” DeMasi said.

Read more about the two ordinances and the court ruling in the Daily Times.


Here’s how a proposed earned income tax last year in Upper Darby was received by residents.



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