United States Third Circuit

Summary judgment against plaintiff was reversed and a declaratory judgment was granted, declaring that the Wendell H. Ford Aviation Investment and Reform Act does not prohibit the building of a landfill, because plaintiff commenced construction of the landfill prior to the effective date of Wendell Ford Act, and therefore falls within its grandfather clause.

Appellate Information

• Argued 10/24/2003
• Decided 07/21/2004
• Published 07/21/2004

Judges

• ALITO, Circuit Judge., Before ALITO, FUENTES, and BECKER, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• William F. Fox, Jr., (argued), J.P. Mascaro & Sons, Hurleysville, PA, for Appellant.


• For Appellees:
  
• Teal Luthy Miller, (argued), Scott R. McIntosh, United States Department of Justice, Washington, D.C., for Appellee Federal Aviation Administration and Marion Blakey., Robert P. Ging, Jr., (argued), Confluence, PA, for Appellees Jefferson City and Township of Pine Creek.