Opinion

DEP v. Grant Twp of Indiana Co., Aplts

Court
Supreme Court of Pennsylvania
Filed
Aug 22, 2023
Status
Published
On the bench
Per Curiam
Cited by
0 cases

The 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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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