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SEWER AUTHORITY v. PENNVEST

No. 694 M.D. 2012

81 A.3d 1031 (2013)

SEWER AUTHORITY OF the CITY OF SCRANTON, Petitioner v. PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY OF the COMMONWEALTH of Pennsylvania, and Paul Marchetti, in His Official Capacity as Executive Director, Respondents.

Commonwealth Court of Pennsylvania.

Decided November 12, 2013.

Attorney(s) appearing for the Case

Jeffrey Belardi , Scranton, and Richard H. Sedgley , Richmond, VA, for petitioner.

William H. Lamb and Scot R. Withers , West Chester, for respondents.

BEFORE: McGINLEY, Judge, and LEADBETTER, Judge, and COLINS, Senior Judge.

OPINION BY Judge LEADBETTER.

Before the Court are (1) a motion for summary relief "in the form of judgment on the pleadings" filed by the Sewer Authority of the City of Scranton (Sewer Authority) in its action against the Pennsylvania Infrastructure Investment Authority of the Commonwealth of Pennsylvania (PENNVEST) and PENNVEST's executive director, Paul Marchetti, (collectively PENNVEST), and (2) PENNVEST's preliminary...

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