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Bowfin KeyCon Hldgs. v. DEP

Citation: Not availableDocket: 84 MAP 2022

Court: Supreme Court of Pennsylvania; October 12, 2022; Pennsylvania; State Supreme Court

Original Court Document: View Document

Narrative Opinion Summary

The Supreme Court of Pennsylvania, Middle District, has issued an order regarding the appeal involving Bowfin Keycon Holdings, LLC and others against the Pennsylvania Department of Environmental Protection and the Pennsylvania Environmental Quality Board. On October 12, 2022, the court quashed the Notice of Appeal, referencing Pennsylvania Rule of Appellate Procedure 501, which permits an aggrieved party to file an appeal. The court cited the precedent set in *In re Barnes Foundation*, which established that failure to secure intervenor status prevents a party from filing a valid appeal. Furthermore, the court dismissed the Motion to Quash as moot, indicating that it is no longer relevant due to the quashing of the appeal.

Legal Issues Addressed

Dismissal of Moot Motions

Application: The court dismissed the Motion to Quash as moot following the quashing of the appeal, indicating that the motion was no longer relevant.

Reasoning: Furthermore, the court dismissed the Motion to Quash as moot, indicating that it is no longer relevant due to the quashing of the appeal.

Requirement of Intervenor Status for Appeal

Application: The court applied the precedent that a party must secure intervenor status to file a valid appeal, which was not done in this case.

Reasoning: The court cited the precedent set in *In re Barnes Foundation*, which established that failure to secure intervenor status prevents a party from filing a valid appeal.

Right to Appeal under Pennsylvania Rule of Appellate Procedure 501

Application: The court quashed the Notice of Appeal because the appellants failed to meet the requirements under Rule 501, which permits an aggrieved party to file an appeal.

Reasoning: On October 12, 2022, the court quashed the Notice of Appeal, referencing Pennsylvania Rule of Appellate Procedure 501, which permits an aggrieved party to file an appeal.