In Re: Mountaintop Area Joint Sanitary Authority C. DeLuca v. Mountaintop Area Joint Sanitary Authority
166 A.3d 553
| Pa. Commw. Ct. | 2017Background
- Landowner Colleen DeLuca owns a house adjacent to the Mountaintop Area Joint Sanitary Authority (Authority) treatment plant; two Authority manholes and sewer lines run across her property.
- Between June 27, 2006 and April 26, 2011, sewage repeatedly flooded Landowner’s home and yard (five discrete significant overflow events), causing bodily‑waste contamination and displacement.
- Landowner petitioned (May 14, 2015) for appointment of a board of viewers under Section 502(c) of the Eminent Domain Code, alleging a de facto condemnation (involuntary easement) because the Authority’s operation/design caused the overflows.
- The Authority filed preliminary objections arguing the claim was effectively a trespass action and alternatively requested an evidentiary hearing; the trial court overruled the demurrer, held a hearing, and found a de facto taking of an easement from June 27, 2006 through April 26, 2011.
- Authority appealed, arguing (1) Landowner’s remedy is trespass, (2) the June 2006 incident is time‑barred, and (3) sporadic incidents did not create a continuous easement requiring abandonment of the home.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction / post‑trial motions | Authority could appeal; no post‑trial motion required for preliminary‑objection ruling | Authority failed to file post‑trial motions, so appeal is improper | Court: Appeal permitted. Post‑trial motions not required; Rule 311(e) allows appeal from order overruling preliminary objections in eminent domain cases |
| Whether de facto condemnation occurred | Authority’s intentional/design/operational choices foreseeably and repeatedly deprived use of property; remedy is condemnation | Damage was result of negligence/operational failures; sole remedy is trespass | Court: De facto condemnation found. Authority’s decisions (system design, allowing more hookups, failure to monitor/repair) were incidental to its eminent‑domain powers and caused the loss of use |
| Statute of limitations (use of June 27, 2006 event) | June 2006 included in easement period; Authority waived SOL defense by not raising it in preliminary objections | June 2006 claim is time‑barred under 42 Pa.C.S. §5527(a)(2) | Court: SOL defense waived because Authority did not assert it in preliminary objections; trial court properly included June 2006 start date |
| Scope/duration of easement from sporadic floods | Sporadic overflow incidents can establish an easement period spanning first to last event; intermittency affects compensation, not liability | Only discrete incident dates should be recognized; no continuous easement requiring abandonment | Court: Easement spans June 27, 2006–April 26, 2011. Occasional events can establish a taking period; intermittency is relevant to damages assessment by viewers |
Key Cases Cited
- In re De Facto Condemnation and Taking of Lands of WBF Associates, L.P. ex rel. Lehigh‑Northampton Airport Authority, 903 A.2d 1192 (Pa. 2006) (defines de facto taking standard)
- Genter v. Blair County Convention and Sports Facilities Authority, 805 A.2d 51 (Pa. Cmwlth. 2002) (elements landowner must prove in de facto condemnation)
- McGaffic v. City of New Castle, 74 A.3d 306 (Pa. Cmwlth. 2013) (de facto taking may result from intentional actions incidental to eminent‑domain power)
- Poole v. Township of District, 843 A.2d 422 (Pa. Cmwlth. 2004) (negligent acts by an entity with eminent‑domain power generally give rise to trespass damages)
- Fulmer v. White Oak Borough, 606 A.2d 589 (Pa. Cmwlth. 1992) (acts not immediate, necessary, unavoidable consequences of eminent‑domain exercise do not support de facto condemnation)
- Matter of Condemnation by Urban Redevelopment Authority of Pittsburgh, 458 A.2d 622 (Pa. Cmwlth. 1983) (a trespass judgment does not bar subsequent condemnation claim)
- Bucks County v. 800 Acres of Land in Middletown Township, 379 A.2d 903 (Pa. Cmwlth. 1977) (occasional flooding may ground condemnation proceedings)
- Millcreek Township v. N.E.A. Cross Co., 620 A.2d 558 (Pa. Cmwlth. 1993) (if preliminary objections raise factual issues, trial court must hold an evidentiary hearing)