Legal Opinion
In Re: Mountaintop Area Joint Sanitary Authority C. DeLuca v. Mountaintop Area Joint Sanitary Authority
Commonwealth Court of Pennsylvania
Decided July 12, 2017No. In Re: Mountaintop Area Joint Sanitary Authority C. DeLuca v. Mountaintop Area Joint Sanitary Authority - 1318 C.D. 2016PublishedCited by 14 opinions
1Opinion of the Court
OPINION BY
PRESIDENT JUDGE LEAVITT
Mountaintop Area Joint Sanitary Authority (Authority) appeals an order of the Court of Common Pleas of Luzerne County (trial court) overruling its preliminary objections to the petition of Colleen DeLu-ca (Landowner) for the appointment of a board of viewers. 1 Landowner asserted that the Authority’s discharge of sewage onto her property effected a de facto condemnation. For the reasons that follow, we affirm the order of the trial court.
Landowner owns a single-family home in Mountaintop, Pennsylvania, which is located adjacent to the Authority’s sewer…
2Cases cited17 opinions
- Condemnation of the Land & Property JacobsCommonwealth Court of Pennsylvania · 1980
- Genter v. Blair County Convention and Sports Facilities AuthorityCommonwealth Court of Pennsylvania · 2002
- In Re De Facto Condemnation & Taking of Lands of WBF AssociatesSupreme Court of Pennsylvania · 2006
- Commonwealth v. HeroldCommonwealth Court of Pennsylvania · 1975
- Fulmer v. White Oak BoroughCommonwealth Court of Pennsylvania · 1992
12 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- C. DeLuca v. Mountaintop Area Joint Sanitary Authority & T.G. KeiperCommonwealth Court of Pennsylvania · 2020
- C.A. Conley, an Individual v. County of AlleghenyCommonwealth Court of Pennsylvania · 2020
- C.F. Hughes v. UGI Storage Co.Commonwealth Court of Pennsylvania · 2020
- Capital City Holdings, LLC v. DOTCommonwealth Court of Pennsylvania · 2022
- City of Philadelphia v. R. & N. KhanCommonwealth Court of Pennsylvania · 2024
9 more not listed; retrieve them via the Exa API.