Tinicum Township v. Delaware Valley Concrete, Inc.

OPINION BY

Judge PELLEGRINI.

Delaware Valley Concrete, Inc. and Mario Diliberto (collectively, DVC) appeal from an order of the Court of Common Pleas of Bucks County (trial court) granting Tinicum Township’s (Township) request for a preliminary injunction to enjoin DVC from blasting in their quarrying operation. 1 4

Mario Diliberto owns property in Tini-cum Township that he leases to Delaware Valley Concrete for the purpose of operating a limestone quarry. In December 1996, DVC . applied to the DEP for a permit to deepen the quarry. In 1997, Dili-berto and the Township entered into an agreement…