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HICKORY TOWNSHIP v. BROCKWAY ET AL. (06/12/63)

June 12, 1963

HICKORY TOWNSHIP
v.
BROCKWAY ET AL., APPELLANTS.



Appeal, No. 127, April T., 1963, from judgment of Court of Common Pleas of Mercer County, Dec. T., 1962, No. 57, in case of Hickory Township v. C. E. Brockway et al. Judgment affirmed; reargument refused July 13, 1963.

COUNSEL

Philip E. Brockway, with him Brockway & Brockway, for appellants.

Donald R. McKay, with him Wiesen, Cusick, Madden, Joyce, Acker and McKay, for appellee.

Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).

Author: Flood

[ 201 Pa. Super. Page 262]

OPINION BY FLOOD, J.

The Hickory Township Ordinance fixes a uniform sewer rental charge of $50.40 per year for each residence (other than a trailer) in the township. Motels, however, are charged in accordance with a schedule which includes them in Class D, with restaurants, clubs, and trailer park central washrooms, and imposes a fixed charge for each receptacle upon the premises,

[ 201 Pa. Super. Page 263]

    varying with the type of receptacle. The defendants refused to pay sewer rental for their motel on this basis, and paid a lower sum. The township filed a lien for the rental in arrears, followed by a writ of sci. fa.

The defendants filed an affidavit of defence which avers the following:

1. The sewer rental is arbitrarily fixed without regard to actual extent of the use of the sewage system.

2. The extent of the use of the system by the property owners in the township and the services and the benefits derived from it are in direct approximate proportion to the volume of water used or consumed on each premises since the water consumed constitutes the major volume of discharge and use of the sewer system.

3. The average amount of water used by domestic residential consumers in the area supplied by Shenango Valley Water Company during the years 1957 to 1961 was 6400 cubic feet per annum for which the users paid an average annual charge of $42.48. Such users pay a fixed annual sewer rent of $50.40 which is $0.007875 per cubic feet of water. During the same period the defendants used an annual average of 43,540 cubic feet of water in connection with their motel and paid annual water charges averaging $210.41. Their annual sewer charge, based upon the receptacle charge for buildings in Class D, is $571.40 which is $0.013124 per cubic feet of water ...


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