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MONTGOMERY CONSERVATION DIST. v. BYDALEK

No. 1103 C.D. 2019.

261 A.3d 1073 (2021)

MONTGOMERY COUNTY CONSERVATION DISTRICT, Appellant v. Jeffrey BYDALEK, Lenape Valley Engineering, NVR, Inc., Red Fox Farm Community Association, Red Fox Partners GP LLC, Red Fox Partners LP.

Commonwealth Court of Pennsylvania.

Decided July 8, 2021.

Publication Ordered September 29, 2021.

Attorney(s) appearing for the Case

William H. Gelles , Assistant Regional Counsel, Norristown, for Appellant.

Catherine Damavandi , Plymouth Meeting, for Appellee Jeffrey Bydalek.

BEFORE: HONORABLE MARY HANNAH LEAVITT, President Judge, HONORABLE RENÉE COHN JUBELIRER, Judge, HONORABLE P. KEVIN BROBSON, Judge, HONORABLE PATRICIA A. McCULLOUGH, Judge, HONORABLE MICHAEL H. WOJCIK, Judge, HONORABLE CHRISTINE FIZZANO CANNON, Judge, HONORABLE ELLEN CEISLER, Judge.

In this interlocutory appeal by permission, the Montgomery County Conservation District (MCCD) challenges the order of the Court of Common Pleas of Montgomery County (trial court) that partially granted the MCCD's motion for summary judgment upon determining that the MCCD was entitled to sovereign immunity, pursuant to Sections...

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