DEP v. Grant Twp of Indiana Co., Aplts

CourtSupreme Court of Pennsylvania
DecidedAugust 22, 2023
Docket35 WAP 2022
StatusPublished

This text of DEP v. Grant Twp of Indiana Co., Aplts (DEP v. Grant Twp of Indiana Co., Aplts) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
DEP v. Grant Twp of Indiana Co., Aplts, (Pa. 2023).

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA, No. 35 WAP 2022 DEPARTMENT OF ENVIRONMENTAL PROTECTION, Appeal from the Order of the Commonwealth Court at No. 126 Appellee MD 2017 dated July 12, 2022

V.

GRANT TOWNSHIP OF INDIANA COUNTY AND THE GRANT TOWNSHIP BOARD OF SUPERVISORS,

Appellants

ORDER

PER CURIAM

AND NOW, this 22nd day of August, 2023, the July 12, 2022 Order of the

Commonwealth Court granting the Application for Summary Relief filed by Intervenor,

Pennsylvania General Energy Company, LLC, based on the grounds of res judicata and

collateral estoppel is AFFIRMED IN PART. The portion of the Order that invalidates

Grant Township's Home Rule Charter in its entirety is VACATED. We remand to the

Commonwealth Court to perform aseverability analysis.

The order is affirmed as to the dismissal of the Department of Environmental

Protection's Petition for Review in the Nature of a Complaint and Grant Township's

Counterclaims.

Jurisdiction relinquished.

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DEP v. Grant Twp of Indiana Co., Aplts, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dep-v-grant-twp-of-indiana-co-aplts-pa-2023.