Metropolitan Edison Co. v. Middle Smithfield Materials

20 Pa. D. & C.5th 477, 2010 Pa. Dist. & Cnty. Dec. LEXIS 680
CourtPennsylvania Court of Common Pleas, Monroe County
DecidedDecember 13, 2010
Docketno. 3545 CV 2009
StatusPublished

This text of 20 Pa. D. & C.5th 477 (Metropolitan Edison Co. v. Middle Smithfield Materials) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Monroe County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Metropolitan Edison Co. v. Middle Smithfield Materials, 20 Pa. D. & C.5th 477, 2010 Pa. Dist. & Cnty. Dec. LEXIS 680 (Pa. Super. Ct. 2010).

Opinion

MARK, J.,

OPINION IN SUPPORT OF ORDER PURSUANT TO Pa.R.A.P. 1925(a)

Plaintiff has appealed our order of September 10,2010, that denied plaintiff’s motion for post trial relief. After the appeal was filed, we issued an order directing plaintiff to file a statement of errors complained of on appeal pursuant to Pa. R.A.P. 1925(b). Plaintiff complied. We now file our opinion pursuant to Pa.R.A.P. 1925(a).

For the reasons that follow, we believe that the appeal is procedurally defective, and therefore, should be dismissed or quashed. In the alternative, we believe that the order we issued following the equity trial in this case was supported by both the facts and the applicable law, and therefore, should be affirmed.

On April 14, 2009, plaintiff filed a complaint and a [479]*479motion for preliminary injunction seeking both prohibitory and mandatory injunctive relief. Specifically, plaintiff sought to enjoin defendant from conducting excavation activities within a 100-foot wide utility easement that transverses defendant’s property, as well as an order directing that the easement be relocated to a different location on the property. The gravaman of the complaint was that defendant’s excavation and related activities within the easement area had adversely affect the integrity of four utility poles carrying electric lines, interfered with plaintiff’s use of the easement as well as its ability to service the lines, and created unsafe conditions.

Defendant filed answers denying that it had created unsafe conditions or adversely affected the integrity of the poles. Defendant also contended that plaintiff was aware or should been aware of the excavation activities on the property and asserted the defenses of estoppel and laches.

After a hearing on the request for a preliminary injunction was scheduled, plaintiff filed a motion asking the court to view the premises. The motion was granted and the hearing was continued so that the view and the hearing could occur on the same day.

OnMay 26,2009, the view was conducted in the presence of the attorneys and representatives for both parties. The hearing on plaintiff’s request for a preliminary injunction was convened immediately after the view. During the hearing, several witnesses testified and exhibits offered by plaintiff were admitted into evidence. At the conclusion of the hearing, the parties were given the opportunity to submit briefs.

[480]*480On June 19, 2009, based on the evidence presented at hearing, the briefs of the parties, and the applicable law, we issued a preliminary injunction enjoining defendant from conducting excavation and related activities within a 100-foot radius around each of the four utility poles located within the easement. The order directed plaintiff to file an injunction bond. (Order, filed June 19, 2010) Plaintiff elected not to post the bond. Defendant did not move to dissolve the injunction.

On January 19, 2010, following a continuance requested by defendant and agreed to by plaintiff, a final hearing on plaintiff’s request for permanent injunctive relief was convened. At the request of both parties, the transcript and exhibits from the preliminary injunction hearing were formally admitted into evidence.1 Limited additional evidence was presented by both plaintiff and defendant. The parties were afforded the opportunity to submit proposed findings of fact and conclusions of law.

On June 24, 2010, after a continuance requested by defendant, we convened a hearing at which we announced our decision in this case. During the hearing, we summarized our findings and analysis of the case, articulated the reasons and rationale for our decision, referenced the legal authority on which we relied, and announced the decision that plaintiff is challenging or attempting to challenge in this appeal. (N.T., 6/24/2010, 2-30) We incorporate our reasoning expressed during the announcement hearing into this opinion by reference.

[481]*481The formal injunction order was entered the next day. In broad summary, the order may be broken into two component parts.

First, we granted the permanent injunctive relief requested by plaintiff. Specifically, we ordered that the easement, as well as the electric poles and lines, be relocated to a different location on defendant’s property. To preserve the status quo, we continued the preliminary injunction until the relocation had been completed. Due to the condition of the poles, the immediate safety concerns, and the public interest in moving the poles and lines that had been demonstrated during the hearings, we directed prompt movement toward relocation. We required that the parties meet and discuss in good faith reasonable limitations on excavation and mining activity within the new easement area, especially in and around the new poles to be installed. We also established time frames for the discussions, the execution and recording of the new easement, the extinguishment of the old easement, and the construction of the new poles and lines.2 (Order, filed June 25, 2010. See N.T., 6/24/2010, 17-30 andN.T, 9/7/2010, 11-19)

Second, we directed that the actual cost of relocation be shared equally between the parties. Defendant’s obligation was capped at $30,000, an amount slightly more than one-half the total cost of relocation as calculated by plaintiff using the industry standard, proprietary costing system that it considers to be completely accurate and routinely uses to calculate the cost of all projects. Defendant was permitted [482]*482to pay his share of the relocation in installments, with interest, over a one year-period. In addition, as discussed during the hearings, defendant was given the opportunity to perform basic grading, tree, brush, and shrubbery removal at its own expense. Finally, we directed that each party bear its own costs. (Order, filed June 25, 2010. See N.T., 6/24/2010, 17-27)3

On July 6, 2010, plaintiff filed a motion for post-trial relief. Plaintiff did not take issue with the provisions of our order that granted permanent injunctive relief. Instead, its motion challenged and sought modification of only the cost-sharing provisions. Primarily, plaintiff reiterated its position that defendant should be held solely responsible for all relocation costs. In addition, plaintiff asserted that we erred in capping defendant’s financial responsibility, in permitting installment payments, and in allowing a potential credit to defendant for grading and similar work that he performed.

On July 7, 2010, we issued an order scheduling a hearing on plaintiff’s motion for post trial relief. Since only the cost-sharing provisions had been challenged, we directed that the times frames for relocation discussions and work would not be stayed or extended by plaintiff’s filing. (Order, filed July 7, 2010)

Incredibly, plaintiff responded by filing a motion for stay pending appeal. Despite vehemently asserting immediate and irreparable harm, safety concerns, and the public interest during the injunction hearings, plaintiff [483]*483took the position that, because it was not satisfied with the economic provisions of the order, the relocation should wait until its motion and all appeals had been decided.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Fanning v. Davne
795 A.2d 388 (Superior Court of Pennsylvania, 2002)
Lenhart v. Cigna Companies
824 A.2d 1193 (Superior Court of Pennsylvania, 2003)
Underwood Ex Rel. Underwood v. Wind
954 A.2d 1199 (Superior Court of Pennsylvania, 2008)
Harvey v. Rouse Chamberlin, Ltd.
901 A.2d 523 (Superior Court of Pennsylvania, 2006)
Hysong v. Lewicki
931 A.2d 63 (Commonwealth Court of Pennsylvania, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
20 Pa. D. & C.5th 477, 2010 Pa. Dist. & Cnty. Dec. LEXIS 680, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metropolitan-edison-co-v-middle-smithfield-materials-pactcomplmonroe-2010.