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Flowers v. Northampton Bucks County Mun. Auth.

Citation: 2 ELR 20313
No. No. 550, 57 Pa. D.&C.2d 274/22 Bucks 88, (Pa. C.P., 03/08/1972)

Plaintiffs, owning land near a public water authority's proposed site for the erection of storage tanks and the drilling of artesian wells, state a cause of action under Article 1, Section 27 of the Constitution of Pennsylvania (an "Environmental Bill of Rights") only in that they allege that the water authority administratively failed to give full and good faith consideration, in choosing that site, to environmental and ecological factors. Allegations that construction of the proposed facilities is contrary to sound environmental policy are not properly before the court. Neither mere psychic objections nor depreciation in property values will constitute sufficient basis for an action to enjoin the proposed facilities as a nuisance.

Counsel for Plaintiff:
Robert J. Sugarman
Dechert, Price & Rhoads
1600 Three Penn Center
Philadelphia, Pa. 19102

Counsel for Defendant:
Henry F. Huhn
Sirott & Huhn
220 Radcliff St.
Bristol, Pa. 19007