Legal Opinion
Commonwealth, Department of Transportation v. Wilkinsburg Penn Joint Water Authority
Commonwealth Court of Pennsylvania
Decided November 5, 1999PublishedCited by 9 opinions
1Opinion of the Court
FLAHERTY, Judge.
The Commonwealth of Pennsylvania, Department of Transportation (DOT) appeals from an order of the Court of Common Pleas of Allegheny County (trial court) which granted the preliminary objections in the nature of a demurrer filed by the Wilkinsburg Penn Joint Water Authority (WPJWA) and dismissed DOT’s complaint with prejudice. We reverse and remand.
On November 21, 1990, a landslide closed part of State Route (S.R.) 2110 which is located in Churchill Borough.1 The WPJWA owns and operates at least one water line running parallel to S.R. 2110 at the point of the landslide. WPJWA…
2Cases cited10 opinions
- Gekas v. ShappSupreme Court of Pennsylvania · 1976
- Simon AppealSupreme Court of Pennsylvania · 1962
- Wertz v. Chapman TownshipCommonwealth Court of Pennsylvania · 1998
- Armstrong County v. Clarion CountySupreme Court of Pennsylvania · 1870
- Larry Pitt & Associates v. LongCommonwealth Court of Pennsylvania · 1998
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Chichester School District v. Chichester Education Ass'nCommonwealth Court of Pennsylvania · 2000
- Lee Publications, Inc. v. Dickinson School of LawCommonwealth Court of Pennsylvania · 2004
- Lehigh-Northampton Airport Authority v. Lehigh County Board of Assessment AppealsSupreme Court of Pennsylvania · 2005
- Pisarchick v. Progressive Companies, Pennsylvania Court of Common Pleas, Lackawanna County2001
- Cleveland v. Remick, Pennsylvania Court of Common Pleas, Lackawanna County2000
4 more not listed; retrieve them via the Exa API.