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READING AREA WATER v. SCHUYLKILL RIVER

No. 62 MAP 2013

100 A.3d 572 (2014)

READING AREA WATER AUTHORITY v. The SCHUYLKILL RIVER GREENWAY ASSOCIATION Bern Township, Intervenor. Appeal of the Schuylkill River Greenway Association and Bern Township.

Supreme Court of Pennsylvania.

Decided September 24, 2014.

Attorney(s) appearing for the Case

Carl James Engleman Jr., Esq. , Law Offices of Carl Engleman Jr., PC, for the Schuylkill River Greenway Association.

Josele Cleary, Lancaster, Esq. , Morgan, Hallgren, Croswell & Kane, P.C., for Bern Township.

Nicole L. Plank, Esq. , Wyomissing, Matthew Michael Setley, Esq. , Michael A. Setley, Esq. , Wyomissing, Georgeadis Setley , for Reading Area Water Authority.

CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, STEVENS, JJ.

OPINION

Justice SAYLOR.

The primary question raised is whether a municipal authority may exercise its eminent domain powers to condemn an easement over privately-owned land, where the sole purpose of the easement is to supply a private developer with land to install sewer drainage facilities needed for a proposed private residential subdivision.

The Schuylkill River Greenway Association (the Greenway), a non-profit corporation, owns a strip...

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