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The PA Supreme Court Will Now Decide Who Can Dissolve the Chester Water Authority – When Will the Legislature Act?

On September 16, 2021 the Commonwealth Court took an “unconscionable” step towards ending over eighty years of the Chester Water Authority’s autonomy and existence, and allowing a municipality that does not own or operate the Authority, has not contributed monies to it, and which is a mere minority both on its board (only 3 of 9 board seats) and within its service area (only 21% of ratepayers), to seize all of the CWA assets and profit from an inside deal the City has worked out unilaterally with Aqua. 

The Commonwealth Court did so even though “the General Assembly granted [Chester County and Delaware County] ‘seats at the table’ to prevent the City from looting the Authority, and using the sale of the Authority’s assets as its own municipal piggy bank[.]” In re Chester Water Auth. Tr., ___ A.3d __, 2021 WL 4200770, at *18 (Pa. Cmwlth. Sept. 16, 2021) (Wojick, J. dissenting) (citing 53 Pa.C.S. § 5610(a.1)).  Fortunately, the fight is not over as the CWA has sought to appeal the decision to Pennsylvania’s Supreme Court.  

In addition, it is time the legislature stepped up and stopped this attempted looting of the CWA and its ratepayers for the benefit of Aqua’s corporate shareholders.  Support needs to be given for the ratepayers’ rights bills proposed by Representatives Lawrence and Sappey.

Read the Full Appeal Here:


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