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ABINGTON TOWNSHIP PROPOSED SEWER CONSTRUCTION OLD VALLEY ROAD (05/03/77)

decided: May 3, 1977.

IN RE: ABINGTON TOWNSHIP PROPOSED SEWER CONSTRUCTION IN OLD VALLEY ROAD, SUSQUEHANNA STREET, WASHINGTON LANE ET AL. SAMUEL S. PERSKY AND GLORIA R. PERSKY, HIS WIFE ET AL., APPELLANTS


Appeal from the Order of the Court of Common Pleas of Montgomery County in case of In Re: Abington Township Proposed Sewer Construction in Old Valley Road, Susquehanna Street, Washington Lane, Lindsay Lane, Barrowdale Road, Panther Road, Frog Hollow Road, Frog Hollow Terrace, Meetinghouse Road, Mill Road and Mill Road Circle in Wards 1 and 2 of the Township of Abington, Montgomery County, Pennsylvania, No. 74-12329.

COUNSEL

John P. Gregg, with him Samuel H. High, Jr., and High, Swartz, Roberts & Seidel, for appellants.

Joseph M. Manko, with him Terri N. Gelberg, and Wolf, Block, Schorr and Solis-Cohen, for appellee.

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

Author: Wilkinson

[ 30 Pa. Commw. Page 48]

On July 11, 1974, the Board of Commissioners of Abington Township (Township) passed a resolution authorizing the construction of collector sewers in the Washington Lane sewer district. Waste from the area is to be treated at the Township's temporary Sandy Run Treatment Center. Under a long-range agreement, entered into in 1958 between the Township and the City of Philadelphia, interceptors could

[ 30 Pa. Commw. Page 49]

    be built and waste from the area could be treated in Philadelphia. Over 60 percent of the property owners in the affected area signed petitions of protest to block the undertaking pursuant to Section 2436 of the First Class Township Code (Code), Act of June 24, 1931, P.L. 1206, as amended, 53 P.S. § 57436 and filed the petitions in the office of the Prothonotary of the Montgomery County Court of Common Pleas. A petition was filed in the Court of Common Pleas of Montgomery County by the Township to declare the protests invalid. After a hearing the protests were dismissed and this appeal was filed. We affirm.

Section 2436 and its companion, Section 2435, 53 P.S. § 57435, read:

Section 2435

Whenever any township shall desire to connect with the existing sewer of any adjacent municipality, the two municipalities so joining may enter into an agreement for such purposes, . . . .

Section 2436

No sewer, system of sewers, or drains shall be constructed under the provisions of this subdivision, unless a resolution of the board of commissioners authorizing the same shall be published in a newspaper of general circulation published in the county in which the township is situated once a week for three successive weeks. If within twenty days after the last publication, or at any time during the period of publication sixty per centum of the total property owners within the township, or the affected sewer district, if such district has been constituted, shall sign, and ...


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