David v. Philadelphia Electric Co.

Opinion by

Senior Judge Barbieri,

This is an appeal by sixteen landowners1 from an order of the Court of Common Pleas of Bucks County denying their motion for summary judgment and granting the motion of Philadelphia Electric Company (PECO) for summary judgment. Appellants sought to enjoin PECO’s use of the upper reaches of the East Branch of *443the Perkiomen Creek as a conduit to transport Delaware River water to PECOs nuclear power generating station in Limerick, Montgomery County.

The facts of this case, as stipulated by the parties, are as follows. Appellants are riparian owners of lands along…