The Case Opens Doors to Building New Waste Water Collection Systems and Treatment Plants
We are pleased to announce that Sherr Law Group prevailed on a multi-year case with a win on summary judgment for a municipal client. Here are the details:
Case: CFR Partners v. Jefferson Codorus Joint Sewer Authority
Sherr Law Group Represents: Jefferson Codorus Joint Sewer Authority
Result: Judge Clyde Vedder of the York County Court of Common Pleas granted a summary judgment motion on behalf of Jefferson Codorus, in a long-running dispute regarding the scope of an Authority’s ability to enter into contracts, and how tapping fees and sewer rates are set.
A Brief Interview with Attorney Tony Sherr
How will this decision benefit Jefferson Codorus?
TS: Our client, the joint sewer authority, would have been on the hook for reimbursement to the plaintiff of more than $300,000 plus costs and attorney’s fees. By winning on summary judgment, our client will not take this financial hit.
Is this a precedent setting matter?
TS: While this decision can be used as what we refer to as “persuasive authority,” for other similar cases, it is not binding in any other court.
Why does this decision really matter?
TS: The decision in favor of our client matters because had we not won, sewer authorities would have been severely limited in obtaining the proper funding to build new waste water collection systems and treatment plants. In addition, developers would have been limited in their ability to reserve sewage capacity for future projects.
Are there other Sewer Authorities that will benefit from this result?
TS: All of them! They benefit both by being able to use this opinion as persuasive authority, and as a guideline for which sewer authorities can contract when offering sewer service.
