In ruling that Wyeth Pharmaceuticals will not need to perpetually pay operation and maintenance costs for a wastewater treatment plant in Chester County, the Commonwealth Court has reversed a $1.7 million breach of contract award to the borough of West Chester.
A three-judge panel of the court ruled in Wyeth Pharmaceuticals v. Borough of West Chester that a 1984 agreement Wyeth made with the borough to pay about half the maintenance and operational costs of the Goose Creek plant could have ended after the drugmaker stopped using the facility. The decision reversed the lower court’s holding that the payment agreement was, in effect, indefinite.
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