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CRY, INC. v. MILL SERVICE, INC.

536 Pa. 462 (1994)

640 A.2d 372

CRY, INC., Gary and Diana Steck, David L. and Carol Rupp, Raymond Rupp, Herman and Carol Lee Gardner, John and Eleanor Ondrejko, Antoinette Bazala, Tim Kautz, Carl and Joan Kodrin, Peter and Hattie E. Seaton, Anthony Sr. and Melbry Bolk, Appellees, v. MILL SERVICE, INC., Appellant.

Supreme Court of Pennsylvania.

Decided March 29, 1994.

Attorney(s) appearing for the Case

Robert L. Byer, R. Timothy Weston, Richard W. Hosking, Thomas M. Reiter, Kirkpatrick & Lockhart, Pittsburgh, for appellant.

Robert P. Ging, Jr., Confluence, Terrence M. Ging, Confluence, for Cry, Inc.

Diana J. Stares, Asst. Counsel, Pittsburgh, Jody Rosenberg, Dennis W. Strain, Asst. Counsel, Dept. of Environmental Resources, Harrisburg, for amicus curiae.

Before LARSEN, FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY and MONTEMURO, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

The issues in this case are whether a citizen lawsuit under certain environmental statutes against an alleged polluter requires the joinder of the Department of Environmental Resources (DER) as an indispensable party, and secondly, whether the action should be heard in the Court of Common Pleas or in Commonwealth Court. For the reasons that follow, we hold that DER must be joined in this action as an indispensable...

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