# Fox v. Central Delaware County Authority

> Supreme Court of Pennsylvania · December 23, 1977 · 475 Pa. 623

URL: https://www.frixlaw.com/law-library/cases/9757058

## Case

- **Full name:** Mrs. Cyril G. FOX and Natural Lands Trust, Inc., Appellants, v. CENTRAL DELAWARE COUNTY AUTHORITY, Community College of Delaware County and Community College of Delaware County Authority, Appellees, Township of Marple, Intervening-Appellee
- **Court:** Supreme Court of Pennsylvania
- **Decided:** December 23, 1977
- **Citations:** 475 Pa. 623; 381 A.2d 448; 1977 Pa. LEXIS 937
- **Precedential status:** Published
- **Opinion:** Dissent by Manderino
- **Judges:** Eagen, O'Brien, Roberts, Pomeroy, Nix, Manderino, Packel
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9757058

## Opinion text

MANDERINO, Justice,
dissenting.
I dissent. The issue before us is not moot. Appellants objected to the construction of the sewer before it was constructed. They are entitled to a review as to whether the permit was properly issued. If the permit was not properly issued, they are entitled to a remedy. The remedy could be an order that the sewer be torn out or a lesser remedy that the sewer be limited in use. Because appellants are asking for the less drastic remedy is no reason to deny them appellate review of whether the permit was properly issued in the first place.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9757058. Public record. Not legal advice.