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Reading Area Water Authority v. The Schuylkill River Greenway Association Bern Township

Supreme Court of Pennsylvania

August 28, 2013

READING AREA WATER AUTHORITY,
v.
THE SCHUYLKILL RIVER GREENWAY ASSOCIATION BERN TOWNSHIP, Intervenor PETITION OF: THE SCHUYLKILL RIVER GREENWAY ASSOCIATION AND BERN TOWNSHIP

Petition for Allowance of Appeal from the Order of the Commonwealth Court.

ORDER

PER CURIAM

AND NOW, this 28th day of August, 2013, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by Petitioner, are:

a. Whether Commonwealth Court erred in its determination that a municipal water authority has the power to condemn a permanent easement of dimensions sufficient to enable a private developer to install and permanently maintain privately owned and operated wastewater facilities and privately owned and operated storm water management facilities in a portion of the easement separate and apart and for a distinct purpose from the publicly owned water facilities?

b. Whether Commonwealth Court erred in its determinations that "facilitat[ing] the construction of . . . storm water management facilities" to enable development of private land and "providing . . . storm water management" constitute public purposes to justify taking of private land?


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