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JOHN P. NIEBAUER v. CENTRE COUNTY SOLID WASTE AUTHORITY (05/27/81)

decided: May 27, 1981.

JOHN P. NIEBAUER, JR., DELTA EXCAVATING AND TRUCKING CO., INC., AND DELTA QUARRIES AND DISPOSAL, INC., APPELLANTS
v.
CENTRE COUNTY SOLID WASTE AUTHORITY, APPELLEE



Appeal from the Order of the Court of Common Pleas of Centre County in the case of John P. Niebauer, Jr., Delta Excavating and Trucking Co., Inc. and Delta Quarries and Disposal, Inc. v. Centre County Solid Waste Authority, No. 78-2450.

COUNSEL

Alfred Jones, Jr., Dunaway, Weyandt, McCormick & Jones, for appellants.

R. Mark Faulkner, with him John W. Blasko, McQuaide, Blasko, Schwartz, Fleming and Faulkner, Inc., for appellee.

Judges Rogers, Williams, Jr. and Palladino, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 59 Pa. Commw. Page 265]

John P. Niebauer (appellant), a resident and taxpayer of Centre County*fn1 and the president of two corporations principally engaged in transporting and disposing of solid waste in Huntingdon County, seeks injunctive relief declaring invalid a contract for waste disposal made by the Centre County Solid Waste Authority (Authority) without competitive bidding and to require the Authority to let the contract by public

[ 59 Pa. Commw. Page 266]

    bidding.*fn2 The Authority filed a demurrer to the complaint which was sustained by the Centre County Court of Common Pleas.

A demurrer admits all well pleaded, material, relevant facts set forth in the complaint and all reasonable inferences drawn therefrom. Carney v. Floyd, 45 Pa. Commonwealth Ct. 10, 404 A.2d 760 (1979). For the demurrer to be sustained, it must clearly appear from those facts that the law will permit no recovery. Matschener v. City of Pittsburgh, 36 Pa. Commonwealth Ct. 69, 387 A.2d 954 (1978).

The appellant alleged:

7. The Plaintiff Corporations are engaged in the business of hauling solid waste and in the disposal of such solid wastes at an approved landfill site in Franklin Township, Huntingdon County, Pennsylvania, which site is controlled by Plaintiff Delta Quarries and Disposal, Inc. under a twenty-five year lease.

8. Plaintiff, Niebauer, as an individual residing in Patton Township is required to pay fees for trash removal and garbage which fees are dependent and directly related to Defendant's ...


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