Legal Opinion
Cry, Inc. v. Mill Service, Inc.
Supreme Court of Pennsylvania
Decided March 29, 1994No. 5 W.D. Appeal Docket 1993PublishedCited by 71 opinions
1Opinion of the Court
OPINION OF THE COURT
FLAHERTY, Justice.
The issues in this case are whether a citizen lawsuit under certain environmental statutes against an alleged polluter requires the joinder of the Department of Environmental Resources (DER) as an indispensable party, and secondly, whether the action should be heard in the Court of Common Pleas or in Commonwealth Court. For the reasons that follow, we hold that DER must be joined in this action as an indispensable party and that the action is within the original jurisdiction of Commonwealth Court.
On May 22, 1990, the Concerned Residents of Yukon, Inc.…
2Cases cited7 opinions
- Mechanicsburg Area School District v. KlineSupreme Court of Pennsylvania · 1981
- Columbia Gas Transmission Corp. v. Diamond Fuel Co.Supreme Court of Pennsylvania · 1975
- T & R Painting Co. v. Philadelphia Housing AuthoritySupreme Court of Pennsylvania · 1976
- Scherbick v. Community College of Allegheny CountySupreme Court of Pennsylvania · 1978
- Action Coalition of Elders v. Allegheny County Institution DistrictSupreme Court of Pennsylvania · 1981
2 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- City of Philadelphia v. CommonwealthSupreme Court of Pennsylvania · 2003
- Centolanza v. Lehigh Valley Dairies, Inc.Supreme Court of Pennsylvania · 1995
- Commonwealth v. RiceSupreme Court of Pennsylvania · 2002
- Orman, L. v. Mortgage I.T.Superior Court of Pennsylvania · 2015
- Northern Forests II, Inc. v. Keta Realty Co.Superior Court of Pennsylvania · 2015
66 more not listed; retrieve them via the Exa API.