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DELAWARE v. DELAWARE CTY. REG'L WATER

No. 148 C.D. 2021.

272 A.3d 567 (2022)

COUNTY OF DELAWARE, Pennsylvania, Appellant, v. DELAWARE COUNTY REGIONAL WATER QUALITY CONTROL AUTHORITY, and DELCORA Rate Stabilization Fund Trust Agreement b/t The Delaware County Regional Water Quality Control Authority as Settlor and Univest Bank and Trust Co. as Trustee v. Darby Creek Joint Authority, Southern Delaware County Authority, and Aqua Pennsylvania Wastewater, Inc.

Commonwealth Court of Pennsylvania.

Decided March 3, 2022.

Attorney(s) appearing for the Case

Kandice K. Hull and Robert F. Young , Harrisburg, for Appellant.

Nicholas Poduslenko , Philadelphia, for Appellee Delaware County Regional Water Quality Control Authority and William E. Malone, Jr., Media, for Appellee Darby Creek Joint Authority.

Joel L. Frank and Scot R. Withers , West Chester, for Appellee Aqua Pennsylvania Wastewater, Inc.

BEFORE: HONORABLE PATRICIA A. McCULLOUGH, Judge, HONORABLE MICHAEL H. WOJCIK, Judge, HONORABLE BONNIE BRIGANCE LEADBETTER, Senior Judge.

The County of Delaware (County) appeals from the December 28, 2020 final order of the Court of Common Pleas of Delaware County (trial court), which was entered following a bench trial and disposed of all claims filed by the County and counterclaims filed by Delaware County Regional Water Quality Control Authority (DELCORA...

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