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STIEDA v. COUNTY OF ERIE

No. 1741 C.D. 2008, No. 1750 C.D. 2008

980 A.2d 191 (2009)

SUMMIT TOWNSHIP INDUSTRIAL AND ECONOMIC DEVELOPMENT AUTHORITY; Summit Township; Summit Township Sewer Authority; Summit Township Water Authority; and Perry Hi-Way Hose Company v. The COUNTY OF ERIE, Pennsylvania; Erie County Gaming Revenue Authority; Millcreek Township; Millcreek Township Sewer Authority; Millcreek Township Water Authority; McKean Township; McKean Township Sewer Authority; McKean Township Water Authority; Waterford Township; Waterford Township Sewer Authority; Waterford Township Water Authority; and Greene Township Appeal of: The County of Erie, Pennsylvania and Erie County Gaming Revenue Authority.

Commonwealth Court of Pennsylvania.

Decided August 10, 2009.

Attorney(s) appearing for the Case

Roger H. Taft, Erie, for appellants.

Daniel J. Pastore, Erie, for appellees, Summit Township Industrial and Economic Development Authority and Summit Township.

Andrew M. Schmidt, Erie, for appellees, McKean Township, McKean Township Sewer Authority, McKean Township Water Authority, Waterford Township, Waterford Township Sewer Authority, Waterford Township Water Authority and Greene Township.

BEFORE: LEADBETTER, President Judge, and McGINLEY, Judge, and PELLEGRINI, Judge, and COHN JUBELIRER, Judge, and SIMPSON, Judge, and LEAVITT, Judge and BUTLER, Judge.

OPINION BY Judge McGINLEY.

Erie County and the Erie County Gaming Revenue Authority (ECGRA) (collectively, Appellants) appeal from an August 4, 2008, order of the Court of Common Pleas of Erie County (common pleas court) that granted the motion for judgment on the pleadings1 filed by Summit Township Industrial and Economic Development Authority (STIEDA), Summit Township, Summit Township Sewer Authority, Summit Township Water Authority...

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