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McKean Public Sewer Association v. Pennsylvania Infrastructure Investment Authority

Because the damage claimed by members of the McKean Public Sewer Association is speculative and has not yet occurred, they have no standing to maintain the appeal of a decision of the Pennsylvania Infrastructure Investment Authority, which approved funding for a portion of the McKean Township Sewer Authority's wastewater construction project.

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Argued: February 12, 2002

The McKean Public Sewer Association (Association) petitions for review of the July 18, 2001 decision of the Pennsylvania Infrastructure Investment Authority (Pennvest), which approved funding for a portion of the McKean Township Sewer Authority’s (Authority) wastewater construction project (Project). We quash the Association’s petition for review.

The Authority planned to construct a sanitary sewer collection and treatment system at an estimated cost of $6,534,000, hoping to eliminate sources of water pollution and allow for needed residential, commercial and industrial growth in User District I in McKean Township (Township). (R.R. at 1, 4-6.) Under the proposed Project plan, the sewer lines were to extend in two directions from the wastewater treatment plant. One line was to run north along Sterrettania Road toward the Interstate 90 (I-90) interchange; the other line was to run east along West Road toward the Interstate 79 (I-79) interchange. (R.R. at 18, 21.) The Authority received approval of the Project plan from the Department of Environmental Protection (DEP) and applied to Pennvest for low-interest construction funding for the Project.

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