Reading Area Wat Auth v. Schuyl River Grwy et al - No. (Granted) (petitions for allowance of appeal)
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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT READING AREA WATER AUTHORITY : No. 818 MAL 2012 : : v. : Petition for Allowance of Appeal from the : Order of the Commonwealth Court : THE SCHUYLKILL RIVER GREENWAY : ASSOCIATION BERN TOWNSHIP, : : Intervenor : : : : : PETITION OF: THE SCHUYLKILL : RIVER GREENWAY ASSOCIATION AND : BERN TOWNSHIP : ORDER PER CURIAM AND NOW, this 28th day of August, 2013, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by Petitioner, are: a. Whether Commonwealth Court erred in its determination that a municipal water authority has the power to condemn a permanent easement of dimensions sufficient to enable a private developer to install and permanently maintain privately owned and operated wastewater facilities and privately owned and operated storm water management facilities in a portion of the easement separate and apart and for a distinct purpose from the publicly owned water facilities? b. Whether Commonwealth Court erred in its determinations that facilitat[ing] the construction of . . . storm water management facilities to enable development of private land and providing . . . storm water management constitute public purposes to justify taking of private land?
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