DEP v. Grant Twp of Indiana Co., Aplts
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.
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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