Appeals, Nos. 38 and 39, March T., 1964, from decree of Court of Common Pleas of Greene County, No. 478 in Equity, in case of Charles J. Balazick and The Bobtown Sewage Company v. The Dunkard-Bobtown Municipal Authority. Decree affirmed.
Robert L. Ceisler, for appellants.
W. Robert Thompson, with him John E. Baily, and Thompson and Baily, for appellee.
Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Roberts, JJ.
OPINION BY MR. JUSTICE JONES
This is an appeal from a decree of the Court of Common Pleas of Greene County which dismissed a complaint in equity filed by Charles J. Balazick (Balazick)
and the Bobtown Sewage Company (Company) against the Dunkard-Bobtown Municipal Authority (Authority).
In 1926, Jones and Laughlin Steel Corporation (Corporation) constructed a sewage system to serve approximately 300 homes in Dunkard Township, Greene County, in connection with a coal mining operation of the Corporation. The sewage system was maintained by and its use furnished by the Corporation for approximately twenty-two years to the occupants of such homes without charge. On March 10, 1958, the Corporation sold the sewage system to Balazick for $1, plus a credit of $3,000 to be applied against future charges to the Corporation for use of the sewage system and Balazick later assigned his rights to the Company. This conveyance was conditioned upon receipt by the Company of a certificate of public convenience from the Pennsylvania Public Utility Commission for operation of the system.
The Company applied to the Pennsylvania Public Utility Commission for a certificate of public convenience which application was opposed. In the meantime, the Authority was chartered and, by appropriate proceedings under the Municipality Authorities Act of May 2, 1945, P.L. 382, § 1 et seq., as amended, 53 PS § 301 et seq., acquired the sewage system by eminent domain. The Public Utility Commission refused the Company's application for a certificate of public convenience upon the ground that the Company did not have and was not in a position to acquire the facilities necessary to render the service. This order of the Public Utility Commission was affirmed by the Superior Court in Bobtown Sewage Company v. Pennsylvania Public Utility Commission, 195 Pa. Superior Ct. 330, 171 A.2d 625.
While the matter was pending before the Public Utility Commission, the Company ...