Liborio II, L.P. v. Artesian Water Co.

OPINION

HERLIHY, Judge.

Appellee Artesian Water Company, Inc. [Artesian] has moved to dismiss this appeal for failure of Liborio II, L.P., Lenape Development, Inc. and Liborio III, L.P. [appellants] to join a necessary party.

Appellants have appealed a decision of the Public Service Commission [PSC]. Artesian argues that Superior Court Civil Rule 19(a) requires appellants to have added the PSC as a party and its failure to do so mandates dismissal of this appeal. Therefore, the issue is whether the PSC is a necessary party.

BACKGROUND

Appellants originally sued Artesian for damages in this Court.…