Commonwealth, Department of Environmental Protection v. Espy

KURTZ, J,

— This case is before the court on defendants’ motion for post-trial relief.1 The motion was filed in response to the decision of the court filed January 29, 2007, concerning the navigability of the Little Juniata River in Huntingdon County, Pennsylvania. In the decision, we made 174 findings of fact concerning the Little Juniata River, discussed the applicable principles of law on the subject of navigability and reached the following conclusions of law:

“(1) In 1803, when the Commonwealth granted to Joseph Heister the three tracts of land that are owned today by Rural Partners, the…