Opinion
Civil Action 19-5951
07-18-2022
KEYSTONE OUTDOOR ADVERTISING COMPANY, INC., and KEYSTONE PORT, INC., and DELAWARE RIVER PORT AUTHORITY v. SECRETARY OF THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
ORDER
R. BARCLAY SURRICK, J.
AND NOW, this 18th day of July 2022, upon consideration of Plaintiffs Keystone Outdoor Advertising Company, Inc. and Keystone Port, Inc.'s Motion for Partial Summary Judgment (ECF Nos. 39-40); Defendant PennDOT's Motion for Partial Summary Judgment (ECF Nos. 42-44); Plaintiff-Intervenor's Motion for Partial Summary Judgment (ECF Nos. 4647); and all Responses, Oppositions, and Supplements thereto; it is ORDERED that:
1. Plaintiff Keystone's Motion for Partial Summary Judgment is DENIED;
2. Defendant PennDOT's Cross-Motion for Partial Summary Judgment on Keystone's claims is GRANTED. Keystone is not a third party beneficiary to the Compact and has no enforcement rights, and therefore cannot obtain remedies thereunder;
3. Plaintiff-Intervenor DRPA's Motion for Partial Summary Judgment is GRANTED (Nos. 46-47) as to enter JUDGMENT in favor of the DRPA declaring, under the express terms of the Commonwealth of Pennsylvania's and the State of New Jersey's Compact creating the Delaware River Port Authority as approved by Congress and under the express legislation of both member states, the Secretary of the Pennsylvania Department of
Transportation may not, without Plaintiff-Intervenor DRPA's consent, unilaterally interfere with, impose Pennsylvania laws and regulations on, exercise jurisdiction to enforce federal laws on, or prohibit the operation and/or maintenance of billboards owned or managed by the DRPA and its third party licensees on DRPA-owned property within Pennsylvania.
IT IS SO ORDERED.