16 Pa. Commw. 261 | Pa. Commw. Ct. | 1974
Memorandum Opinion by
Pursuant to a Department of Environmental Resources (DER) order, dated June 1, 1971, and a subsequent mandamus action brought before this Court (No. 1075 C.D. 1972), Factoryville Borough (Borough) was ordered to submit to DER a feasibility study, an acceptable application, and final plans for a municipal
As suggested above, this Court’s jurisdiction, or lack thereof, depends upon whether or not DEB is an indispensable party to the equity action brought by the Association. Clearly, jurisdiction lies in this Court if DEB must be joined as a party defendant to this action. Appellate Court Jurisdiction Act of 1970, Act of July 31, 1970, P. L. 673, as amended, 17 P.S. §211.401. It is equally clear that the common pleas court’s transfer order was improper should it be determined that DEB is not an indispensable party. Ross et al. v. Keitt et al., 10 Pa. Commonwealth Ct. 375, 308 A. 2d 906 (1973).
The Ross case is determinative of the issue now before this Court. In Ross, in a factual context very similar to this controversy’s, this Court held as follows: “[T]he Commonwealth of Pennsylvania — as a sovereign state — should not be declared to be an indispensable
Accordingly, we enter the following
Order
Now, November 22, 1974, for the reasons set forth above, it is hereby ordered that this matter be retransferred to the Court of Common Pleas of Wyoming County, and the Chief Clerk is directed to retransfer the record in this case to the Prothonotary of the Court of Common Pleas of Wyoming County together with a certified copy of the docket entries in this Court and of this opinion.