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FORKS TOWNSHIP MUNICIPAL SEWER AUTHORITY v. AMERICAN LAND (11/28/72)

decided: November 28, 1972.

FORKS TOWNSHIP MUNICIPAL SEWER AUTHORITY
v.
AMERICAN LAND, INC. (6 CASES); FORKS TOWNSHIP MUNICIPAL SEWER AUTHORITY V. LAFAYETTE HOMES, INC.



Appeals from the Orders of the Court of Common Pleas of Northampton County in cases of Forks Township Municipal Sewer Authority v. American Land, Inc., Nos. 81373, 81374, 81375, 81376, 81377, May Term 1970 and Forks Township Municipal Sewer Authority v. Lafayette Homes, Inc., No. 81378 May Term 1970.

COUNSEL

Robert J. Woodside, with him Robert Moore and Shearer, Mette, Hoerner & Woodside, and Franklin S. VanAntwerpen, and Hempstreet and Smith, for appellant.

Thomas P. Stitt, with him Coffin, DeRaymond and Shipman, for appellee.

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

Author: Wilkinson

[ 6 Pa. Commw. Page 570]

The procedural problems in the matter of properly filing municipal liens are brought in bold relief by these cases. In spite of what appears to be a diligent effort of competent counsel of both appellant and appellees to put these cases in shape for a prompt determination, and the thoughtful consideration by the able court below, we must reverse the decision of the court below and remand the cases for further proceedings.

[ 6 Pa. Commw. Page 571]

As alleged in the statement of claim, pursuant to appropriate steps taken under the Act of May 16, 1923, P.L. 207, as amended (the Act), 53 P.S. ยง 7101 et seq., the appellant notified appellees on February 17, 1970, of the assessment of the costs of construction of a sanitary sewer construction abutting their property. On July 14, 1970, based on the statement of claim, the Prothonotary of Northampton County was directed to enter the claim. The amount of the levy and assessment in an American Land, Inc. case which was typical was:

721.29 feet of house sewer frontage at

$6.00 per foot front $4,327.74

Paid on installment basis None

5% Collection Fee ...


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