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SCRANTON HOUSING AUTHORITY v. SCRANTON (12/31/71)

decided: December 31, 1971.

SCRANTON HOUSING AUTHORITY
v.
SCRANTON, ET AL.



Appeal from the Order of the Court of Common Pleas of Lackawanna County, in case of Scranton Housing Authority v. The City of Scranton and The Sewer Authority of the City of Scranton, No. 659, September Term, 1970.

COUNSEL

Carlon M. O'Malley, Jr., for appellant.

J. Charles Hanahue, with him Warren, Hill, Henkelman & McMenamin, for appellee, The Sewer Authority of the City of Scranton.

David J. Reedy, Jr., Assistant City Solicitor, and John Dunn, Sr., City Solicitor, for appellee, City of Scranton.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Manderino, Mencer and Rogers. Opinion by Judge Manderino.

Author: Manderino

[ 4 Pa. Commw. Page 256]

This case is an appeal by the Scranton Housing Authority of Scranton, Lackawanna County, Pennsylvania, from a declaratory judgment by the Court of Common Pleas of Lackawanna County. The petition for declaratory judgment was instituted by the Scranton Housing Authority. The lower court in its opinion and

[ 4 Pa. Commw. Page 257]

    order held that the Scranton Housing Authority was not exempt or immune to sewer rental fees or charges under the terms of cooperative agreements entered into between the City of Scranton and the Scranton Housing Authority and that the Scranton Housing Authority is legally obligated to pay sewer rental fees or charges to the sewer authority of the City of Scranton for use of the sewer system in the City of Scranton pursuant to adopted rates or regulations pertaining thereto.

The question before this court is the interpretation of two cooperative agreements entered into between the City of Scranton and the Scranton Housing Authority. The first agreement, covering certain housing projects, was entered into February 29, 1940 and the second agreement, covering other housing projects, was entered into September 29, 1950.

The 1940 agreement contained the following provisions:

"14. The City agrees that, during the period commencing with the date of the acquisition of any part of the site for the Project, and continuing throughout the useful life of the Project, it will furnish, without cost or charge to the Project or the tenants thereof, with the exception of the Local Annual Service Charge as hereinafter provided, municipal services and facilities for the Project and the tenants thereof, of the same character as those furnished or to be furnished without cost or charge for other dwellings and inhabitants in the City, including but not limited to: fire, police and health protection and services, fire hydrant service, street maintenance, snow removal, garbage, trash and ash collection and ...


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