BORO. OF JEFFERSON v. CENTURY III A. ET AL.

No. 64 T.D. 1980.

60 Pa.Commw. 94 (1981)

Borough of Jefferson, Petitioner v. Century III Associates et al., Respondents.

Commonwealth Court of Pennsylvania.

June 18, 1981.


Attorney(s) appearing for the Case

Lloyd H. Fuge, for petitioner.

Donald C. Fetzko, for respondent, Borough of West Mifflin.

John J. McLean, Jr., Buchanan, Ingersoll, Rodewald, Kyle & Buerger, for respondent, Century III Associates and The Edward J. DeBartolo Corporation.

Eric P. Reif, Reed, Smith, Shaw and McClay, for respondent, U.S.S. Realty Division of United States Steel Corporation.

Richard S. Ehmann, Assistant Attorney General, for respondent, Department of Environmental Resources.

Jeffrey L. Giltenboth, Special Assistant Attorney General, with him, Ward T. Williams, Chief Counsel, and Jay C. Waldman, General Counsel, for respondent, Pennsylvania Department of Transportation.

Argued May 4, 1981, before Judges MENCER, ROGERS and WILLIAMS, JR., sitting as a panel of three.


OPINION BY JUDGE ROGERS, June 18, 1981:

The Borough of Jefferson (Borough) filed a complaint in equity in the Court of Common Pleas of Allegheny County, naming as defendants the Pennsylvania Department of Environmental Resources (DER), the Pennsylvania Department of Transportation (PennDot), the Borough of West Mifflin (West Mifflin) and three private enterprises which we gather from the complaint built a shopping...

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