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H. RICHARD BLOOM v. COMMONWEALTH PENNSYLVANIA (06/29/83)

decided: June 29, 1983.

H. RICHARD BLOOM, APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, APPELLEE



Appeal from the Order of the Court of Common Pleas of the 39th Judicial District, Franklin County Branch, in the case of Commonwealth of Pennsylvania v. H. Richard Bloom, No. 4 of 1981, Vol. 1, Page 102, Criminal Action.

COUNSEL

Kathleen Walsh Cramer, Cramer and Cramer, for appellant.

Jan G. Sulcove, Black and Davison, for appellee.

Judges Craig, MacPhail and Barbieri, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 75 Pa. Commw. Page 283]

H. Richard Bloom appeals from a decision of the Franklin County Court of Common Pleas finding him guilty of two counts of failing to connect to a sanitary sewer.

On September 29, 1980, Washington Township notified Bloom that, pursuant to Ordinance No. 54,*fn1 the township required him to connect his property to the township sewer system. Bloom failed to do so, and the township instituted criminal action against Bloom, charging him with two summary offenses.

In a consolidated summary trial, a district justice found Bloom guilty of the two counts. Bloom appealed to the Franklin County Court of Common Pleas, which, after a de novo hearing, found Bloom guilty of both summary offenses.

Bloom advances several arguments to support his position that we should reverse his convictions:

(1) his property is not accessible to the sewer system;

(2) if his property is accessible, the township is responsible for installation and maintenance of the necessary pumping facilities;

(3) the ordinance is unconstitutional as applied to Bloom;

(4) the court committed reversible error by not admitting evidence which Bloom offered;

[ 75 Pa. Commw. Page 284]

(5) the ordinance violates Bloom's constitutional due process rights.

After considering each of these issues in turn, we must affirm President Judge Eppinger's sound decision, ...


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