Public Water Supply Co., Inc. v. DiPasquale

735 A.2d 378 (1999)

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Public Water Supply Co., Inc. v. DiPasquale

Delaware Supreme Court
735 A.2d 378 (1999)

DC

Facts

Tunnell Companies (plaintiff) applied for two potable-well permits with the secretary of the Department of Natural Resources and Environmental Control (DNREC) to supply water to facilities in Baywood Greens. Public Water Supply Company (PWSC) (defendant), a public utility, argued that Baywood Greens fell within PWSC’s service area and opposed the permits. A hearing officer determined that the proposed water system was not a water utility and recommended issuance of the permits. The DNREC secretary adopted the hearing officer’s recommendation and issued the permits. The Environmental Appeals Board (EAB) upheld the secretary’s action, and PWSC appealed to the superior court. The superior court applied a clearly erroneous standard of review to the EAB’s statutory interpretation and affirmed the decision. The PWSC subsequently appealed the superior court’s decision.

Rule of Law

Issue

Holding and Reasoning (Walsh, J.)

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