PA Anglers vs Spring Ridge Club - LITTLE JUNIATA - THE COURT'S DECISION

[The_Sib]

Little Juniata case decided in PA 11:33 AM 1/30/2007


For those of you who have been following the case of Pennsylvania's suit against parties who were claiming ownership of what the Commonwealth claims is a navigable river:
In a 56-page opinion dated Jan. 29, and received today by the parties, the Huntingdon County Court decided strongly in favor of the Commonwealth plaintiffs. Judge Kurtz ruled that the Little Juniata River is navigable-in-fact, and therefore the Commonwealth is the owner of the river bed in trust for the benefit of the public. Consequently, the defendants Donny Beaver, Connie Espy, Spring Ridge Club, Paradise Outfitters, et al., lack any basis for excluding the public from fishing in these waters, and the Court will be issuing an injunction to that effect.
This was a cooperative effort among the PA Dept. of Environmental Protection, the Fish & Boat Commission, and the Dept. of Conservation & Natural Resources. Also significantly involved for many years has been Allan Bright, owner of Spruce Creek Outfitters, as well as some stellar witnesses on behalf of the Commonwealth, most notably a professional historian who provided remarkable insight to a fascinating time in our nation's history.

The opinion is interesting reading. Unfortunately, the Court has not issued it in electronic form. Perhaps by the time the Commonwealth issues a press release on the matter, likely later today, there may be at least a .pdf link.