COM., DOT v. WPJWA


740 A.2d 322 (1999)

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant, v. WILKINSBURG PENN JOINT WATER AUTHORITY.

Commonwealth Court of Pennsylvania.

Decided November 5, 1999.


Attorney(s) appearing for the Case

Steven I. Roth, Harrisburg, for appellant.

Steven B. Larchuk, Wexford, for appellee.

Michael Erlich, Asst. Dist. Atty., Philadelphia, for Com., appellant.

Kathleen E. Martin, Philadelphia, for appellee.

Before CAVANAUGH, JOYCE and OLSZEWSKI, JJ.


FLAHERTY, Judge.

The Commonwealth of Pennsylvania, Department of Transportation (DOT) appeals from an order of the Court of Common Pleas of Allegheny County (trial court) which granted the preliminary objections in the nature of a demurrer filed by the Wilkinsburg Penn Joint Water Authority (WPJWA) and dismissed DOT's complaint with prejudice. We reverse and remand.

On November 21, 1990, a landslide closed part of State Route (S.R.) 2110 which is located in...

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