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DURYEA BOROUGH AUTHORITY v. DOROTHY MCLAUGHLIN ET AL. (05/31/83)

decided: May 31, 1983.

DURYEA BOROUGH AUTHORITY, PETITIONER
v.
DOROTHY MCLAUGHLIN ET AL., RESPONDENTS



Appeal from the Order of the Court of Common Pleas of Luzerne County in the case of Duryea Borough Sewer Authority v. Dorothy McLaughlin, Mary Murphy, Albert Clarke and Mary Clarke, Joseph Burke and Mary Burke, Michael Mancos and Margaret Mancos, Albin Remsky and Molly Remsky, John Melvin and Dolores Melvin, and Michael T. Callahan and Nancy Callahan, Nos. 7495, 7493, 7490, 7488, 7494, 7496, 7492 and 7491 of 1979.

COUNSEL

William Degillio, for petitioner.

J. Earl Langan, for respondents.

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

Author: Rogers

[ 74 Pa. Commw. Page 518]

The Duryea Borough Sewer Authority has appealed from a judgment entered against it in the Court of Common Pleas of Luzerne County in its suit in assumpsit to recover sewer charges from the defendants property owners. The case was submitted to the trial judge as a case stated.

The facts submitted were:

1. The plaintiff is DURYEA BOROUGH SEWER AUTHORITY, a Municipal Corporation duly organized and existing pursuant to the Municipal Authorities Act of 1945; 53 P.S. Sec. 301, et seq.

2. The defendants are:

[Here are given the names of the fourteen defendants and the addresses of their eight properties.]

3. That the premises of the above named defendants are located within the Borough of Duryea, County of Luzerne and State of Pennsylvania.

4. That the above named defendants are connected to a sewer line ...


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