Pennsylvania Power & Light Co. v. Maritime Management, Inc.

I agree wholeheartedly with the well-reasoned majority opinion and join without reservation in both its analysis and holding.

I feel it necessary, however, to write separately in order to address the very premise upon which the dissent bases its rationale. Before delving into an exhausting and lengthy, albeit informative, history of the importance of the Wallenpaupack River to our Pennsylvania ancestors, the dissent acknowledges that not one iota of the evidence upon which it relies is of record.

Undeterred, the dissent claims that its sua sponte historical undertaking is permissible because…