Commonwealth v. Allias

Opinion by

Judge Mencer,

Charles A. B. Allias, Jr., and Marian J. Allias (Allias) are the owners of property in Westmoreland County which is located at a low point of a ravine and consequently the point toward which rainwater flows as it leaves lands immediately above the Allias property. As development of the area has occurred, property owners in the upper part of the ravine have piped surface water runoff toward the Allias property.

Allias decided to fill in the ravine with a damlike structure which prevented the continuous flow of water *224down the wet weather stream to Little Puketa Creek. This…