Appeal, No. 35, March T., 1962, from decree of Court of Common Pleas of Dauphin County, No. 63 Commonwealth Docket 1959, No. 2347 Equity Docket, in the case of Municipal Authority of the Township of Blythe v. Pennsylvania Publid Utility Commission et al. Decree affirmed.
Donald D. Dolbin, with him Burke, Bowe, Dolbin & Heffner, for appellant.
Edward Munce, Assistant Counsel, with him Joseph I. Lewis, Chief Counsel, for Pennsylvania Public Utility Commission, appellee.
Robert H. Young, with him Anson W. H. Taylor, Jr., and Morgan, Lewis & Bockius, for intervenor-appellee.
Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.
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This is an appeal by the Municipal Authority of the Township of Blythe, hereinafter referred to as "Blythe,"
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from the dismissal of its complaint in equity by the Court of Common Pleas of Dauphin County. The complaint was filed pursuant to the Act of May 28, 1937, P.L. 1053, Art. XI, § 1111, 66 PS 1441, wherein Blythe sought to enjoin the Pennsylvania Public Utility Commission from exercising jurisdiction over rates or charges for water furnished to Blythe from the water system and Tumbling Run Reservoirs of the Borough of Schuylkill Haven, hereinafter referred to as "Borough."
Blythe contends that it is entitled to the water on terms fixed under grant or covenant in a deed from the Borough's predecessor in title, and that it does not come within the jurisdiction of the commission under the tariff for water service filed with the commission by the Borough. The same question as to commission jurisdiction was presented in Blythe Township Municipal Authority v. Pennsylvania Public Utility Commission, 191 Pa. Superior Ct. 542, 159 A.2d 256. The facts forming the basis of the dispute as to commission jurisdiction are not controverted and are set forth in our opinion in that appeal. We there held that Boythe must pursue the statutory remedy by suit in the Court of Common Pleas of Dauphin County to question the jurisdiction of the commission; and we dismissed the appeal. The record in that appeal has been made a part of the record in the present appeal.
On February 4, 1959, Blythe filed the present complaint in equity in the Court of Common Pleas of Dauphin County seeking to enjoin the commission from asserting jurisdiction over the proposed tariff of the Borough. The matter was held in abeyance by the Court of Common Pleas of Dauphin County ...