TOWNSHIP OF TINICUM, DELAWARE COUNTY, PENNSYLVANIA et al v. CITY OF PHILADELPHIA

Filing 57

ORDER THAT UPON CONSIDERATION OF PLAINTIFF AND DEFENDANTS MOTION AND CROSS-MOTION FOR JUDGMENT, PLAINTIFF'S MOTION FOR JUDGMENT IS HEREBY DENIED, AND DEFENDANT'S CROSS-MOTION IS HEREBY GRANTED AS OUTLINED HEREIN. SIGNED BY HONORABLE LOUIS H. POLLAK ON 8/27/2010. 8/31/2010 ENTERED AND COPIES MAILED, E-MAILED.(kp, )

TOWNSHIP OF TINICUM, DELAWARE COUNTY, PENNSYLVANIA et al v. CITY OF PHILADELPHIA

Doc. 57

IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF PENNSYLVANIA

T O W N S H IP OF TINICUM, COUNTY O F DELAWARE, PENNSYLVANIA P la in tif f s , v. CITY OF PHILADELPHIA D e f e n d a n t.

Civil Action No. 09-02872

A u g u s t _27_, 2010 ORDER

A N D NOW, this _27_ day of _ August_, 2010, upon consideration of Plaintiffs' M o tio n for Judgment on the Pleadings and the City's Cross-Motion for Judgment on the P le a d in g s , and after hearing argument, it is hereby ORDERED that Plaintiffs' Motion is D E N IE D and the City's Cross-Motion is GRANTED. Judgment shall enter for the City (a ) declaring that neither the Township of Tinicum nor Delaware County may invoke 53 P .S . § 14161 to prevent the City from purchasing land within the Township of Tinicum in c o n n e c tio n with a federally-approved Capacity Enhancement Project ("CEP") at P h ila d e lp h ia International Airport and (b) permanently enjoining the plaintiffs from ta k in g any action to defeat, interfere with, or impair in any way the City's ability to

-1-

Dockets.Justia.com

purchase land within the Township of Tinicum for the CEP at the Philadelphia In te rn a tio n a l Airport that is approved by the Federal Aviation Administration.

BY THE COURT: /s/ LHP Louis H. Pollak U n ite d States District Judge

-2-