DIESS v. PENNSYLVANIA DEPT. OF TRANSP.


935 A.2d 895 (2007)

Barbara DIESS & Stewart Diess, Individually and as husband and wife, and Shawn Diess, and Rhonda Jarvis & John Jarvis, Individually and as husband and wife, and John Jarvis, Jr. and William Debevec and Robyn Lenhart & Tim Lenhart, Individually and as husband and wife and as parents and natural guardians of Tyler Lenhart, a minor, Brittany Lenhart, a minor, and Alicia Lenhart, a minor, and Amanda Lenhart and Jamie Wilson & Richard Wilson, Individually and as husband and wife, and Billie Arca & Andy Arca, Individually and as husband and wife, and Adora Kelly and Andrew Kelly and Bryan Drew Kelly and Brian Kohut Individually and as husband to Plaintiff, Denise Kohut, and as parent and natural guardian of Terry Kohut, a minor, and Ashley Kohut, a minor, and Jeramy Kohut, a minor, and Denise Kohut, Individually and as wife to Plaintiff Brian Kohut, and as guardian of Terry Kohut, a minor, Ashley Kohut, a minor, and Jeramy Kohut, a minor, and Gloria Toth & George Toth, Individually and as husband and wife, and Kathy Havel, Guardian of Jonathan Havel, a minor, and Kelsey Havel, a minor, and William Myers, Petitioners v. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION and Municipal Authority of Westmoreland County and Pennsylvania Department of Environmental Protection and Weavertown Environmental Group, Inc. a/k/a Weavertown Environmental Group and Allegheny Energy a/k/a Allegheny Energy (AYE), Respondents.

Commonwealth Court of Pennsylvania.

Decided September 13, 2007.

Reargument Denied November 19, 2007.


Attorney(s) appearing for the Case

Deanna Kaplan Tanner, Conshohocken, for petitioners.

Tracey A. Wilson, Pittsburgh, for respondents, Pennsylvania Department of Transportation and Pennsylvania Department of Environmental Protection.

Michael E. DeMatt, Greensburg, for respondent, Municipal Authority of Westmoreland County.

Alan S. Miller, Pittsburgh, for respondent, Weavertown Environmental Group, Inc.

C. Shawn Dryer, Pittsburgh, for respondent, Allegheny Energy (AYE).

BEFORE: COLINS, Judge, and PELLEGRINI, Judge, and FRIEDMAN, Judge.


OPINION BY Judge COLINS.

The above-named Petitioners (Landowners) filed a Complaint with the Court of Common Pleas of Allegheny County seeking equitable relief and damages against the Respondents1 based upon incidents involving the release of a substance called "fly ash"2 into the Landowners' neighboring environment. The trial court, after reviewing the Complaint,...

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