Commonwealth v. Barnes & Tucker Co.

Concurring Opinion by

Judge Mencer:

I concur in the result reached because, in the words of President Judge Bowman, “'factors of a present activity on the part of the owner or user of the land or of a course of conduct directly producing the deleterious result are absent in this case.” The absence of these factors is the distinguishing factual feature between this case and the cases of Pittsburgh Coal Company v. Sanitary Water Board, 4 Pa. Commonwealth Ct. 407, 286 A. 2d 459 (1972), and Harmar Coal Co. v. Sanitary Water Board, 4 Pa. Commonwealth Ct. 435, 285 A. 2d 898 (1972). My dissenting…