Opinion
2013-08-28
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, No. 818 MAL 2012.
Prior report: Pa.Cmwlth., 50 A.3d 255.
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?