Eminent Domain • De Facto Condemnation • Sewer Authority • Structural Defect • Trespass
DeLuca v. Mountaintop Area Joint Sanitary Auth., PICS Case No. 17-1192 (Pa. Commw. July 12, 2017) Leavitt, P.J. (21 pages).
Trial court properly found that a de facto condemnation occurred and granted landowner’s petition for appointment of a board of viewers because the manner in which sewer authority chose to operate its system caused repeated flooding of sewage into landowner’s house and property where authority designed its manholes so that sewage exited at a slower rate than it entered, was well aware of the likelihood of an overflow and took no steps to remedy the structural defect. Affirmed.
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