Diess v. Pennsylvania Department of Transportation

OPINION BY

Judge COLINS.

The above-named Petitioners (Landowners) filed a Complaint with the Court of Common Pleas of Allegheny County seeking equitable relief and damages against the Respondents 1 based upon incidents involving the release of a substance called “fly ash” 2 into the Landowners’ neighboring environment. The trial court, after reviewing the Complaint, in apparent recognition of the Commonwealth Respondents, and the largely equitable nature of the relief the Landowners seek, transferred the Complaint to this Court. All five named Respondents filed preliminary objections to the…