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PATTON-FERGUSON JOINT AUTHORITY v. J. ALVIN HAWBAKER (07/22/74)

decided: July 22, 1974.

PATTON-FERGUSON JOINT AUTHORITY, APPELLANT,
v.
J. ALVIN HAWBAKER, APPELLEE



Appeal from the Order of the Court of Common Pleas of Centre County in case of Patton-Ferguson Joint Authority v. J. Alvin Hawbaker, No. 45 January Term, 1972.

COUNSEL

John R. Miller, with him Richard L. Campbell and Miller, Kistler & Campbell, Inc., for appellant.

Delbert J. McQuaide, with him McQuaide, Blasko, Brown & Geiser, for appellee.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Mencer, Rogers and Blatt. Judge Wilkinson, Jr. did not participate. Opinion by Judge Blatt. Concurring Opinion by Judge Kramer.

Author: Blatt

[ 14 Pa. Commw. Page 404]

The Patton-Ferguson Joint Authority (Authority) provides sewer service for the apartments of J. Alvin Hawbaker (appellee). Because of his failure to pay sewer rentals for the billing periods from the third quarter of 1969 to the fourth quarter of 1971 inclusive, the Authority filed a municipal lien for the unpaid amounts and subsequently caused a writ of scire facias to issue. In response, the appellee filed an Affidavit of Defense which challenged the rate resolution of the Authority.

The challenged rate schedule provides in part:

"A. Residential

Each Dwelling Unit $135.40

     per annum, payable at the rate of $33.85 per quarterly billing period. Each residential Dwelling Unit in a double house, in a row of connecting houses or in an apartment building or apartments contained in a single family dwelling shall be billed as a separate entity.

"B. Non-Residential. . .

1. All owners of non-residential Improved Properties shall pay sewer rates and ...


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