Appeals from the Order of the Court of Common Pleas of Centre County in case of Mid-Center County Authority v. The Township of Boggs, The Boggs Township Authority and Interstate Travellers Service, Inc., a/k/a Tri-County Oil Company, Inc., No. 76-1602.
John W. Blasko, with him McQuaide, Blasko & Brown, Inc.; Harold Rosenn ; and Rosenn, Jenkins & Greenwald, for Interstae Travellers Service, Inc.
David A. Flood, Boggs Township Solicitor, with him Litke, Gettig, Flood, Lee & Martin, for Township of Boggs and Boggs Township Authority.
John R. Miller, with him Miller, Kistler & Campbell, Inc., for Mid-Centre County Authority.
Judges Crumlish, Jr., Mencer and Blatt, sitting as a panel of three. Opinion by Judge Blatt.
[ 34 Pa. Commw. Page 495]
This is an appeal from an order of the Court of Common Pleas of Centre County which granted proceedings on a declaratory judgment petition filed by the Mid-Centre Authority (Plaintiff-Authority).
The Plaintiff-Authority is a joint municipal authority organized in 1969 by Boggs Township and Milesburg Borough for the purpose of providing regional sewerage service. In 1970, it completed an
[ 34 Pa. Commw. Page 496]
engineering design for the proposed regional system but completion has been delayed for various reasons by state and federal regulatory authorities. Now, however, the time has come for securing construction bids, but the Plaintiff-Authority cannot proceed because of intervening agreements consummated between Boggs Township (Township), the Boggs Township Authority (Township Authority) and a land developer, the Interstate Travellers Service, Inc., also known as Tri-County Oil Company, Inc. (ITS).
These intervening agreements resulted from the adoption of a resolution by the Township Authority on September 15, 1971, which granted permission to ITS to construct a temporary, interim sewerage treatment plant to be abandoned and conveyed to the Township Authority when the Plaintiff-Authority was ready to provide the proposed regional service. This plant was, of course, subject to approval and regulation by the Pennsylvania Department of Environmental Resources (DER). On October 10, 1973, an agreement was consummated between the Township Authority and ITS which provided that ITS would construct its interim plant, which would later be sold at cost to the Township Authority, and another agreement was made on October 7, 1975 providing that ITS convey the interim plant to the Township Authority for $250,000. The plant was then leased to the Township under an agreement of the same date. In June of 1976, DER indicated that although the interim ITS facility had been approved in order to allow development in the township to proceed, it thought that the Plaintiff-Authority project should be constructed at the earliest possible date because the ITS plan was not a viable alternative to the necessary comprehensive regional wastewater management plan. In July of 1976, therefore, the Township
[ 34 Pa. Commw. Page 497]
adopted a resolution to join with the Plaintiff-Authority for the creation of the regional sewerage treatment facility but it required that the Plaintiff-Authority purchase the township sewer plant, the interim plant built by ITS, for not less than $220,000, after which the Township would ...