St. Catherine Church v. Mountaintop Area Joint Sanitary Authority

Opinion by

Judge Craig,

St. Catherine Church and St. Jude Church appeal from the order of the Court of Common Pleas of Luzerne County which dismissed their complaints in ejectment and trespass against the Mountaintop Area Joint Sanitary Authority.

The churches alleged that the authority wrongfully entered their lands and constructed sewer lines across them without filing any declaration of taking or otherwise exercising its power of eminent domain. That the authority filed no declaration and that the lines were so laid is uncontested.

In sustaining preliminary objections by the authority, the…