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TOWNSHIP KENNEDY v. OHIO VALLEY GENERAL HOSPITAL (10/27/86)

filed: October 27, 1986.

TOWNSHIP OF KENNEDY, A MUNICIPAL CORPORATION, APPELLANT
v.
OHIO VALLEY GENERAL HOSPITAL, APPELLEE



COUNSEL

Joel B. Gold, Esq., JUBELIRER, PASS & INTRIERI, P.C., Joseph J. Pass, Jr., Esq., for appellant.

Arthur Stroyd, Jr., Esq., REED SMITH SHAW & MCCLAY, for appellee.

MacPhail, Colins, JJ., Kalish, S.j.

Author: Macphail

Opinion BY JUDGE MacPHAIL

The Township of Kennedy (Township) appeals from an order of the Court of Common Pleas of Allegheny County which denied its exceptions to a declaratory judgment entered by the Court against it on March 28, 1985. We reverse and remand.

The case was submitted to the Common Pleas Court on a set of stipulated facts. The pertinent facts are as follows:

6. Prior to 1949 the Ohio Valley General Hospital [(Hospital)] existed in the Township of Stowe.

7. In and around 1949 the Ohio Valley General Hospital began construction of a new hospital, located in Kennedy Township, which at that time was a semi-rural community. At that time Kennedy Township had no sewage treatment facilities of its own and its sewage system was piecemeal, and most of the residences and businesses were serviced by on-lot septic systems.

9. Ohio Valley chose to discharge into Alcosan [(Allegheny County Sanitary Authority)] by connecting to a sewer line which discharged into the sewer lines of McKees Rocks and ultimately into Alcosan.

10. To accomplish the end of placing the sewage into Alcosan and dealing with the sewer line, Ohio Valley General Hospital, Township of Kennedy, Borough of McKees Rocks, and the First National Bank of McKees Rocks agreed to do that which is set forth in the following documents:

A. McKees Rocks Borough Resolution 681, Plaintiff's Exhibit 2.

B. Resolution of Ohio Valley Hospital dated January 17, 1949, Plaintiff's Exhibit 3.

C. Escrow agreement dated June 13, 1949, Defendant's Exhibit A.

D. The bid contract between the Township of Kennedy and contractor Joseph Lollo, Defendant's Exhibit B.

E. All minutes and resolutions of the Township dealing with the Ohio Valley construction, Defendant's Exhibit C, a multiple series of documents. No additional minutes or ...


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