JUDICIAL DEVELOPMENTS

November 2007

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District Court Finds Municipalities’ Denial of Water Bottling Permit Did Not Offend Constitution—Actions Did Not ‘Shock the Conscience’
Frompovicz v. County of Schuylkill, et al, ___ F.Supp.2d___

A business seeking a permit to open a water bottling business was repeatedly refused by a host of local municipalities. Plaintiff sued on the basis of a denial of his equal protection and due process rights. On motion by the defendants, the U.S. District Court for the Middle District of Pennsylvania dismissed the constitutional claims against all defendants, finding that their actions were not “shocking to the conscience.”