Legal Opinion

Kusher v. Woloschuk

Commonwealth Court of Pennsylvania

Decided May 14, 2015PublishedCited by 3 opinions

1Opinion of the Court

OPINION BY

Judge PATRICIA A. McCULLOUGH.

Frank R. Kusher and Barbara A. Rusher (together, the Rushers) appeal from the April 30, 2014 order of the Court of Common Pleas of Cambria County (trial court),which held that the Pennsylvania Department of Environmental Protection (DEP) was an indispensable party and dismissed the Rushers’ amended complaint for lack of jurisdiction. The Rushers also appeal from the May 20, 2014 order of the trial court that denied the Rushers’ motion to transfer the case to this Court.

The Rushers and Robert Woloschuk and Rathy Woloschuk (together, the Wolos-chuks) are…

2Cases cited5 opinions

  1. Mechanicsburg Area School District v. KlineSupreme Court of Pennsylvania · 1981
  2. Cry, Inc. v. Mill Service, Inc.Supreme Court of Pennsylvania · 1994
  3. Falcon Oil Co. v. Department of Environmental ResourcesCommonwealth Court of Pennsylvania · 1992
  4. Department of Environmental Protection v. Peters Township Sanitary AuthorityCommonwealth Court of Pennsylvania · 2001
  5. Bell v. Rockview State Correctional FacilityCommonwealth Court of Pennsylvania · 1993

3Cited by3 opinions

  1. D. Young v. J. Wetzel & DOCCommonwealth Court of Pennsylvania · 2021
  2. G. Wilkins v. Hon. Francis T. Chardo, IIICommonwealth Court of Pennsylvania · 2020
  3. RMJ, Ventures, LLC v. Quakertown Borough, et al.District Court, E.D. Pennsylvania · 2025

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