By Vinny Vella, Philadelphia Inquirer (PA)

The state's Superior Court has ruled in favor of residents and environmental activists in Chester County, tossing out an appeal from a developer who had filed a defamation suit against them.

In an opinion issued Thursday, Judge John T. Bender upheld a county court decision last August dismissing a lawsuit filed by developer J. Brian O'Neill and his partners at Constitution Drive Partners LP. Bender ruled that statements made by the Delaware Riverkeeper Network regarding a plan to build more than 200 homes on the former Bishop Tube Co. site, off Malin Road near Route 30 in East Whiteland, were accurate, therefore not defamatory.

Groundwater at the site, a brownfield currently being monitored by the Environmental Protection Agency, has tested positive for a degreasing agent linked to cancer.

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