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WINDBER AREA AUTHORITY v. WILLIAM A. RULLO AND HELEN E. RULLO (06/15/78)

decided: June 15, 1978.

WINDBER AREA AUTHORITY, APPELLANT
v.
WILLIAM A. RULLO AND HELEN E. RULLO, HIS WIFE, TRADING AS NORGE LAUNDRY VILLAGE, APPELLEES



Appeal from the Order of the Court of Common Pleas of Somerset County in case of Windber Area Authority v. William A. Rullo and Helen E. Rullo, his wife, trading as Norge Laundry Village, No. 1079 Civil 1972.

COUNSEL

Joseph N. Cascio, with him Fike, Cascio & Boose, P.A., for appellant.

Samuel D. Clapper, with him Nathaniel A. Barbera, and Barbera and Barbera, for appellees.

Judges Mencer, Rogers and DiSalle, sitting as a panel of three. Opinion by Judge DiSalle.

Author: Disalle

[ 36 Pa. Commw. Page 132]

The Windber Area Authority (Authority) filed a Complaint in Assumpsit in the Court of Common Pleas of Somerset County against William and Helen Rullo (Appellees), trading as Norge Laundry Village, for monies allegedly due the Authority for water and sewage service supplied by the Authority to the Appellees. From an award of a Board of Arbitrators, dated July 12, 1974, in favor of the Authority, the Appellees appealed to the court below. Thereafter, they filed a Motion for Summary Judgment which was granted by Order dated January 20, 1977.*fn1 The Authority filed Exceptions to this Order, which the Court en Banc dismissed by Order dated August 25, 1977. This appeal followed.

On November 15, 1970, pursuant to the powers granted under Section 4 of the Municipality Authorities Act of 1945, Act of May 2, 1945, P.L. 382, as amended, 53 P.S. ยง 306, the Authority entered into a water service agreement with the municipalities it served, including the Borough of Windber, where the Appellees operate their laundry and car wash business.*fn2 This agreement provides, inter alia :

[ 36 Pa. Commw. Page 133]

At least sixty (60) days before any revised schedule of water supply and distribution rates, rents and charges shall become effective, the Authority shall submit in writing to the Municipalities a statement setting forth the new schedule of water supply and distribution rates, rents and charges. Such new schedule of charges shall go into effect at the time specified in said statement; not earlier, however, than sixty (60) days from the furnishing of such statement, unless suspended by a decree of a court of competent jurisdiction.

Thereafter, on December 8, 1971, the Authority passed a resolution which states in pertinent part:

Whereas, some of the customers of this Authority for either/or water and sewer service or both maintain multi-unit residential, commercial or industrial accommodations, subject to water and/or sewer charges; and,

Whereas, some of the multi-unit customers as hereinabove defined, serve all units through one meter for water; and

Whereas, this Board deems it necessary to adopt a policy for usage charges including minimum rates for such multi-unit customers, either ...


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