Appeal from judgment of Court of Common Pleas of Mercer County, June T., 1962, No. 6, and December T., 1962, No. 57, in case of The Borough of Greenville v. Camillio Guerrini et al.
Robert F. Banks, for appellants.
Michael Halliday, for appellee.
Ervin, P. J., Wright, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. (Watkins, J., absent). Opinion by Jacobs, J.
[ 208 Pa. Super. Page 43]
In this appeal we are asked to declare the Greenville Borough Sewer Rental Ordinance invalid on the ground that it unreasonably discriminates against owners of apartment houses.
The Borough of Greenville caused a scire facias sur municipal lien to issue against the defendants to collect an unpaid assessment for sewer services. By agreement
[ 208 Pa. Super. Page 44]
of counsel, the case was heard by a judge without a jury, who found for the Borough. The facts are essentially undisputed.
Under Section I of Ordinance No. 736 of the Borough of Greenville, adopted January 24, 1958, the Borough provided for the furnishing of sewage service to the residents of Greenville and imposed a sewer rental upon owners at the rate of 115% (later reduced to 100%) of the amount of water consumed by the respective properties when the water was furnished by the Municipal Authority of Greenville. For those having a source of water other than the supply of the Authority, the ordinance, in Section III, established three classes of users of the sewage system, with the sewer rental or charge depending on the class, as follows:
"(a) Restaurants, cafes, hotels, clubs, rooming houses, public garages, filling stations, laundries, ice cream and/or soda dispensers, dairies, dental offices and all users of the sanitary sewer system having water cooled refrigeration and/or air conditioning systems shall install water meters on their source of water, which meters shall be subject to approval by the Borough, and shall pay a sewer rental or charge on the basis of the meter readings at the same rate as is provided under Section I hereof.
"(b) Industrial plants and establishments . . .*fn1
"(c) Domestic users shall make application to the Council for approval to pay a sewer rental or charge by one ...