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SHAMNOSKI v. PG ENERGY A DIV. OF SOUTHERN UNION CO.

765 A.2d 297 (2000)

Stephen A. SHAMNOSKI and Dorothy Shamnoski, His Wife Individually and as Parents and Natural Guardians of Stephen J. Shamnoski, William D. Shamnoski, Anthony G. Shamnoski, and Ellen M. Shamnoski, Their Children, Appellees, v. PG ENERGY A DIVISION OF SOUTHERN UNION COMPANY, formerly known as PG Energy, Inc., et al., Appellants, v. Commonwealth of Pennsylvania, Department of Environmental Resources, Appellee. Appeal of PG Energy, A Division of Southern Union Company, formerly known as PG Energy, Inc. Richard Rubel and Adele Rubel, His Wife, Individually and as Parents and Natural Guardians of Richard Rubel, Jr., Kevin Rubel and Karra Rubel, Their Children, Appellees, v. PG Energy, A Division of Southern Union Company, formerly known as PG Energy, Inc., et al., Appellant. Appeal of PG Energy a Division of Southern Union Company, formerly known as PG Energy, Inc. Lorraine McDonald, Appellee, v. PG Energy, A Division of Southern Union Company, formerly known as PG Energy, Inc., et al., Appellant. Appeal of PG Energy, A Division of Southern Union Company, formerly known as PG Energy, Inc. Richard Rubel and Adele Rubel, His Wife Individually and as Parents and Natural Guardians of Richard Rubel, Jr., Kevin Rubel and Karra Rubel, Their Children, Route 502, Box 487, R.D. # 4, Moscow, Lackawanna County, PA., Appellees, v. PG Energy, A Division of Southern Union Company, formerly known as PG ENERGY, INC., et al., Appellant. Appeal of PG Energy, A Division of Southern Union Company, formerly known as PG Energy, Inc. Lorraine McDonald, 701 South Main Street, Scranton, Lackawanna County, PA, Appellee, v. PG Energy A Division of Southern Union Company, formerly known as PG Energy, Inc., et al., Appellants. Appeal of PG Energy, A Division of Southern Union Company, formerly known as PG Energy, Inc. Stephen A. Shamnoski and Dorothy Shamnoski, His Wife, Individually and as Parents and Natural Guardians of Stephen J. Shamnoski, William D. Shamnoski, Anthony G. Shamnoski and Ellen M. Shamnoski, Their Children, 708 Spring St., Moosic Lackawanna County, PA, Appellee, v. PG Energy A Division of Southern Union Company, formerly known as PG Energy, Inc., et al., Appellant. Appeal of PG Energy, A Division of Southern Union Company, formerly known as PG Energy, Inc.

Superior Court of Pennsylvania.

Filed December 1, 2000.

Reargument Denied February 9, 2001.

Attorney(s) appearing for the Case

John P. Moses, Wilkes-Barre, for appellant.

Conrad A. Falvello, Sugarloaf, for appellee.

Before KELLY, ORIE MELVIN and MONTEMURO, JJ.

MONTEMURO, J.:

¶ 1 Appellant appeals from a final decree of the Luzerne County Court of Common Pleas. We affirm in part and reverse in part.

¶ 2 Appellees, the owners of real and personal property along the banks of Springbrook Creek, Luzerne County, were unaware that the property was located in a flood plain. Appellant owned and operated three major water supply dams in the Springbrook watershed area, Watres...

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