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

I respectfully dissent from the majority’s affirmance of the trial court’s finding that the body of water that existed before the creation of Lake Wallenpaupack by Pennsylvania Power & Light Company (PP & L) in 1927 was never at any time a navigable body of water. Therefore, I would hold that PP & L’s ownership of the land beneath Lake Wal-lenpaupack does not afford any right superi- or to that of the public to use the waterway. Thus, PP & L does not have the right to prohibit Maritime Management, Inc. from utilizing its validly issued liquor license to sell alcoholic beverages aboard its…