Legal Opinion

Bentley v. Ellam

District Court, M.D. Pennsylvania

Decided May 15, 1991No. Civ. A. No. 3:CV-90-1138Published

1Opinion of the Court

MEMORANDUM

CALDWELL, District Judge.

I. Introduction.

The defendant, Joseph J. Ellam, currently the Director of the Bureau of Dams and Waterway Management in the Pennsylvania Department of Environmental Resources (DER), has filed a motion for summary judgment pursuant to Fed.R.Civ.P. 56. The plaintiffs, Gregory and Caroline Bentley, filed this 42 U.S.C. § 1983 action seeking redress for the diminution in the value of their real estate in Chester County, Pennsylvania, resulting from their neighbors’ operation of a hydroelectric plant on a stream dividing their properties. When Ellam was the Chief…

2Cases cited20 opinions

  1. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  2. Mennonite Board of Missions v. AdamsSupreme Court of the United States · 1983
  3. Williams v. Borough of West ChesterCourt of Appeals for the Third Circuit · 1989
  4. Lynch v. Household Finance Corp.Supreme Court of the United States · 1972
  5. Dennis v. HigginsSupreme Court of the United States · 1991

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