Other litigation developments
In 2019, the CWA and the City of Chester were in the process of finalizing a settlement agreement that would have provided an immediate influx of $60 million to the City while, at the same time, preserving the CWA’s existence. At the last minute, however, the City suddenly backed out of the deal (and, three years later, filed for bankruptcy). Documents obtained by the CWA indicate that the DCED—the state agency that was supposed to be helping the City recover from financial distress—had been working behind the scenes to derail the settlement.
As a result, the CWA was forced to go to the courts to preserve its very existence. Through the courts, the CWA has sought to place its assets in trust to ensure that it is able to continue providing high-quality and affordable water to its customers, as well as to protect and conserve the CWA’s assets (like the Octoraro Reservoir) for the benefit of Pennsylvania’s citizens. Aqua and the City of Chester, through costly litigation, have opposed the CWA’s efforts. The fight to save the CWA has been the subject of litigation ever since.
Read more about litigation developments in the fight to save the CWA in the links below:
CWA seeking financial assistance from PennVest as a result of City of Chester’s legal action blocking CWA’s ability to borrow capital funds (Oct. 3, 2019)
http://chesterwaterfacts.com/wp-content/uploads/2024/02/pennvest-letter-Oct-2019.pdf
Transcript of January 16, 2020 Court Hearing regarding CWA’s efforts to put its assets into Trust and Aqua’s opposition to such efforts
http://chesterwaterfacts.com/wp-content/uploads/2024/02/Transcript-1.16.2020-CWA-v.-City-of-Chester.pdf
PA Supreme Court Ruling in Favor of CWA (Apr. 29, 2021), with Letter to DCED from CWA’s Counsel
On April 29, 2021, Pennsylvania Supreme Court entered judgment in favor of the Chester Water Authority, entitling it to communications among the Commonwealth’s Department of
Water Wars: Chester Water, city, Aqua due back in court this week,” The Delaware County Daily and Sunday Times (Oct. 13, 2019)
http://chesterwaterfacts.com/wp-content/uploads/2024/02/Water-Wars-Chester-Water-city-Aqua-due-back-in-court-this-week101519.pdf
Chester Water Authority Gears Up for Survival Battle in Court,” The Delaware County Daily and Sunday Times (June 21, 2019)
https://chesterwater.com/chester-water-authority-gears-up-for-survival-battle-in-court/
Aqua Pa. sues to block Chester Water Authority deal with Chester,” The Delaware County Daily and Sunday Times (Apr. 5, 2019)
https://chesterwater.com/aqua-pa-sues-to-block-chester-water-authority-deal-with-chester-040519/
“Choppy Water Returns for Iconic Chester Water Authority,” The Delaware County Daily and Sunday Times (June 18, 2019)
https://chesterwater.com/delco-times-choppy-water-returns-for-iconic-chester-water-authority/
“Utility fights $60M plan between city and Chester Water Authority, which it wants in hostile takeover,” The Philadelphia Inquirer (Apr. 5, 2019)
https://chesterwater.com/wp-content/uploads/2019/04/Utility-fights-60M-plan-between-city-and-Chester-Water-Authority-which-it-wants-in-hostile-takeover-040519.pdf
Judge Puts Plug in Sale of Chester Water Authority,” The Delaware County Daily and Sunday Times (July 6, 2019)
https://chesterwater.com/daily-times-7-6-19-judge-puts-plug-in-sale-of-chester-water-authority/