Water authority files appeal on Hess ruling


The story is not over. Greencastle Area Franklin County Water Authority authorized solicitor Elliott Sulcove to file an appeal on a decision by Franklin County Court of Common Pleas Judge Angela Krom. She ruled Jan. 21 that two households in the Hess development did not have to connect to public water.

The civil action case GAFCWA vs. Mary Ann and Fred M. Young III, and Thomas J. and Deborah J. Moore, ended in favor of the defendants. They had argued that they were not bound to the mandatory connection ordinance in Antrim Township.

Both sides hinged their statements on the fact that the water line installed in the neighborhood in 2007 was in place before PA Act 34 of 2008, which granted certain exclusions. They interpreted the law differently.

On Feb. 16 authority members Jason Gerhart, Mark Divelbiss and Greg Rock agreed to an appeal, with Black and Davison attorney Sulcove continuing to represent them. Bud O’Mara and Rodney Rose were absent.

Sulcove filed the appeal in the Appellant Court in Harrisburg by the Feb. 20 deadline. The Youngs and the Moores were officially notified of the continuation as well.

GAFCWA chairman Gerhart said, “We stand by our original opinion.”