PHILADELPHIA – A bi-state commission alleges a state department is unlawfully interfering with the construction of two buildings for its use.
Delaware River Joint Toll Bridge Commission filed a complaint on July 9 in the U.S. District Court for the Eastern District of Pennsylvania against Pennsylvania Department of Labor & Industry Secretary W. Gerald Oleksiak seeking declaratory judgment.
According to the complaint, the plaintiff is a bi-state entity created with a contract between Pennsylvania and New Jersey, is independently functioning and not subject to control of either states' government. The plaintiff alleges the Department of Labor & Industry has attempted to enforce state regulations against the plaintiff, which has led to "severe disruptions" of its construction of a new administrative building in Bucks County and another security and operations building.
The plaintiff alleges the defendant has no legal basis to enforce the regulations.
The plaintiff seeks to enjoin the defendant from enforcing regulations against it and that he has no authority to enforce the regulations. The plaintiff is represented by Shelley R. Smith and Thomas W. Nardi Jr. of Archer and Greiner in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case number 19-CV-2978