Commonwealth, Department of Transportation v. Municipal Authority of Borough of West View

OPINION BY

Judge PELLEGRINI.

Before this Court are cross-motions for summary judgment filed in our original jurisdiction by the Commonwealth of Pennsylvania, Department of Transportation (PennDot) and the Municipal Authority of the Borough of West View (Authority) requesting this Court to declare that the Political Subdivision Tort Claims Act (Tort Claims Act)1 does not serve as a defense for the Authority to refuse to repair damage to Pennsylvania state highways caused by Authority water line breaks.

PennDot’s declaratory judgment action arose from a leak on July 23, 1998, in an eight-inch…