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PASTORE v. COM., STATE SYSTEM OF HIGHER EDUC.

152 Pa.Commw. 111 (1992)

618 A.2d 1118

Anthony PASTORE, Carl Pastore, Don Pastore and Paul Pastore d/b/a Pastore Brothers, Tenants in common, and d/b/a Pastore Brothers, a Pennsylvania Partnership, Petitioners v. COMMONWEALTH of Pennsylvania STATE SYSTEM OF HIGHER EDUCATION for the Use of EDINBORO UNIVERSITY OF PENNSYLVANIA, Maleno Developers, Inc., Louis J. and Susan J. Porreco and Millcreek Township, Respondents.

Commonwealth Court of Pennsylvania.

Decided December 4, 1992.

Attorney(s) appearing for the Case

Andrew J. Conner, for petitioners.

John G. Eldemueller, for respondents.

Before CRAIG, President Judge, DOYLE, McGINLEY, SMITH, PELLEGRINI, FRIEDMAN and KELLEY, JJ.

CRAIG, President Judge.

In this original jurisdiction case, captioned as a complaint in equity, the landowner partnership, Pastore Brothers, has sought relief for injury to its Willowood residential development in Millcreek Township, Erie County, allegedly resulting from surface water flow descending upon the Pastore property from higher land to the south, across West 38th Street, owned by Edinboro University of the Pennsylvania State System of Higher Education (the...

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