Commonwealth, Department of Environmental Protection v. Espy

KURTZ, J,

— This case was tried to the court June 12 through June 16,2006. The Commonwealth agencies who are the plaintiffs allege that defendants have interfered with the public’s rights in the use of a 1.3-mile section of the Little Juniata River near the Village of Spruce Creek in Huntingdon County, Pennsylvania. Plaintiffs request injunctive relief and concomitantly a declaration that the Little Juniata is a navigable stream of the Commonwealth.

After a careful review of the evidence presented at trial, the memoranda submitted by counsel and the fine arguments proffered December 13, 2006,…