Commonwealth v. Toro Development Co.

Opinion by

Judge Kramer,

These cases are within the original jurisdiction of the Commonwealth Court. They were instituted by the filing of two Complaints in Equity by the Commonwealth of Pennsylvania Department of Health (plaintiff) against Toro Development Company, defendant in both cases (Toro) and a single builder company in each of the two cases.

The plaintiff avers generally that Toro as a land developer with the aid of his agents (the other codefendants) has collected “great amounts of soil” on its building sites from which, during periods of precipitation, there is a flow and discharge of…