PITTSBURGH – County and municipal entities are countering the Findlay Township Municipal Authority’s attempts to make itself the sole and exclusive provider of water service to Pittsburgh International Airport, saying previously-resolved litigation precludes them from doing so, among other reasons.
Findlay Township Municipal Authority of Imperial first 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 argued 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 stated.
“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 said 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. Henry explained the Moon Authority has provided water and sewer service to the Pittsburgh International Airport for over six decades.
UPDATE
All three defendants filed answers to the litigation on Sept. 28.
“Defendant Allegheny County has not breached any contractual or statutorily-imposed duty owed to plaintiff that would warrant the requested declaratory relief. Allegheny County owns the subject property but does not operate or manage it,” the county replied, referring to a 1999 lease agreement transferring control of the facility to the Allegheny County Airport Authority and asking it be dismissed from the case.
Allegheny County Airport Authority referred to the plaintiff’s claims as “duplicative, burdensome and competitive.”
“Allegheny County Airport Authority is a municipal authority protected from competition of municipal authorities by the Municipality Authorities Act. ACAA is under contract for water service with Moon Township Municipal Authority. ACAA is a customer for sewer service with MTMA. Findlay Township Municipal Authority’s claim is duplicative, burdensome and competitive to ACAA’s current water and sewer requirements. FTMA lacks standing to request declaratory judgment as to the termination of the requested contracts.”
The airport authority added the plaintiff’s requests are precluded by the doctrine of res judicata and collateral estoppel, the FTMA produces no water and does not have the infrastructure to transport or treat sewage and the plaintiff’s claims are interference in contractual relations between ACAA and MTMA without justification.
Finally, Moon Township Municipal Authority put forth its own answer, largely echoing the objections raised by the Allegheny County Airport Authority.
“After 50 years of service by the Moon Authority to the airport property, the Findlay Authority now claims that the Moon Authority somehow does not have a right to provide that service. There is no basis, either in law or fact, to substantiate that position. The Findlay Authority’s efforts to provide water supply and/or sewer service to the airport property is inherently duplicative and competitive to the extensive system and facilities owned and operated by the Moon Authority,” counsel for the MTMA said.
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 are represented by Austin P. Henry of Mills & Henry, Mark F. Nowak of Clark Hill, plus Andrew F. Szefi and Lee Dellecker of the Allegheny County Law Department, also all in Pittsburgh.
Allegheny County Court of Common Pleas case GD-20-008790
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com