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BRANDYWINE HOMES AND CARVER COURTS CIVIC ASSOCIATION AND MEGARGEE HEIGHTS CIVIC ASSOCIATION AND JAMES WILLIAMS AND MARGUERITE WILLIAMS v. CALN TOWNSHIP MUNICIPAL AUTHORITY AND CALN TOWNSHIP (05/23/75)

decided: May 23, 1975.

BRANDYWINE HOMES AND CARVER COURTS CIVIC ASSOCIATION AND MEGARGEE HEIGHTS CIVIC ASSOCIATION AND JAMES WILLIAMS AND MARGUERITE WILLIAMS, HIS WIFE, APPELLANTS,
v.
CALN TOWNSHIP MUNICIPAL AUTHORITY AND CALN TOWNSHIP, CHESTER COUNTY, PENNSYLVANIA, APPELLEES



Appeal from the Order of the Court of Common Pleas of Chester County in case of Brandywine Homes and Carver Courts Civil Association and Megargee Heights Civic Association and James Williams and Marguerite Williams, his wife, v. Caln Township Municipal Authority and Caln Township, Chester County, Pa., No. 2308-1971.

COUNSEL

Lawrence A. Goldberg, for appellants.

William H. Lamb, with him Lamb, Windle & McErlane, for appellee, Authority.

Ronald M. Agulnick, with him Agulnick, Talierco & McShane Assoc., for appellee, Township.

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

Author: Mencer

[ 19 Pa. Commw. Page 194]

This is an appeal from a final order of the Court of Common Pleas of Chester County sustaining the validity of the sewer rental rate ordinances of Caln Township and the rates imposed thereunder. The facts and legal issues herein are similar to those in our decision in Glen Riddle Park, Inc. v. Middletown Township, 11 Pa. Commonwealth Ct. 574, 314 A.2d 524 (1974).

Appellants, and their fellow landowners who are represented by the named civic associations, are residents of the western most portion of Caln Township, which is a township of the first class. They brought an action in

[ 19 Pa. Commw. Page 195]

    equity which was decided in favor of appellees herein, and appellants' exceptions to the chancellor's adjudication were dismissed and a final order entered on November 29, 1973.*fn1

The pertinent facts are ably stated in the adjudication:

"The pleadings and testimony presented before the court disclose that defendant authority, properly 'Caln Township, Chester County, Municipal Authority,' was created by the Township of Caln pursuant to the provisions of the [Municipality Authorities Act of 1945] Act of May 2, 1945, P.L. 382, 53 P.S. ยง 301. Prior to the creation of the authority, plaintiffs, James Williams and Marguerite Williams, who were husband and wife, occupied premises in the township. They, and others in the area where they resided, were supplied sewer service by the City of Coatesville, a municipality adjoining the Township of Caln. The City of Coatesville owned the sewer lines and other facilities in the township.

"From the time of the inception of sewer service by the City of Coatesville, plaintiffs and other residents of the area were charged on the basis of water consumption measured by meters. At no time was an annual bill for such service more than $20 per year, most ...


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