PITTSBURGH – The Findlay Township Municipal Authority has brought legal action in an attempt to make itself the sole and exclusive provider of water service to Pittsburgh International Airport.
Findlay Township Municipal Authority of Imperial filed suit in the Allegheny County Court of Common Pleas on Aug. 18 versus Allegheny County and the Allegheny County Airport Authority of Pittsburgh and Moon Township Municipal Authority, of Coraopolis.
The suit argues that the Allegheny County Airport Authority is improperly buying all of its water and sewage service from Moon Township, even for areas of the facility that are geographically located in Findlay Township.
It seeks a declaratory court order requiring Allegheny County and the Allegheny County Airport Authority to purchase water and sewer services for its property located in Findlay, from the plaintiff.
“Allegheny County owns and operates the Pittsburgh International Airport, which is managed by the Allegheny County Airport Authority. Substantial portions of the airport property are within the boundaries of Findlay Township. Nonetheless, the County and the airport authority contend that they can obtain water and sewer service from whomever they want and have refused all efforts of the Findlay Authority to negotiate and finalize service agreements for the airport and the new terminal,” the suit states.
“The Moon Township Municipal Authority seeks to provide such service pursuant to a 1995 contract with the Findlay Township Municipal Authority, despite the fact that the agreement has been terminated in accordance with its express terms. The Moon Authority can point to no other law or source for any authority to do so, other than an obsolete, expired and/or terminable Sewage Service Agreement nearly half a century old, relating to sewage transportation and treatment for Findlay Authority customers.”
Even though large portions of the airport facility are located in Findlay Township, the lawsuit said the defendants argued they can obtain these services from whomever they want, and have rejected all efforts of the Findlay Authority to negotiate.
The plaintiff says over the previous 14 years, it made infrastructure upgrades and improvements in excess of $31 million to service those within its designated service area, including all new and existing airport properties.
“We simply want the county and its airport authority to comply with state law. The legislature has made it clear that there should be one and only one provider of water and sewer service in each jurisdiction. And it’s very clear, the airport terminal is in Findlay Township,” Findlay Authority General Manager Jason Orsini said.
Moon Authority Solicitor Austin Henry labeled the suit both “ridiculous” and “bizarre”, countering that the Findlay Authority would not be able to be provide usable drinking water and would need to delegate that duty out.
Meanwhile, Henry explained the Moon Authority has provided water and sewer service to the Pittsburgh International Airport for over six decades.
For a count of declaratory relief, the plaintiff is seeking a declaration that all property at the airport located within Findlay Township is within the township’s service area, that no other business enterprise will provide service to that same property, that the term of the 1971 Sewage Service Agreement has expired and the agreement is unenforceable and such other and further relief as the Court deems just and proper, plus a trial by jury.
The plaintiff is represented by Manning J. O’Connor of Metz Lewis Brodman Must O’Keefe, in Pittsburgh.
The defendants have not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-20-008790
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com