Young v. Millcreek Township Water Authority

Commonwealth Court of Pennsylvania

Young v. Millcreek Township Water Authority

445 A.2d 1371, 67 Pa. Commw. 106, 1982 Pa. Commw. LEXIS 1335

CourtCommonwealth Court of Pennsylvania

DecidedJune 7, 1982

DocketAppeal, No. 1133 C.D. 1981

StatusPublished

This text of 445 A.2d 1371 (Young v. Millcreek Township Water Authority) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Young v. Millcreek Township Water Authority, 445 A.2d 1371, 67 Pa. Commw. 106, 1982 Pa. Commw. LEXIS 1335 (Pa. Ct. App. 1982).

Pincite

Opinion

Opinion by

Judge Rogers,

The appellants are owners of a property located in a residential subdivision in Millcreek Township, Erie County, who gave notice to Millcreek Township Water Authority to file a writ of scire facias on' its municipal claim based on the cost of the placement of a water line serving their property. The writ was duly issued. The appellants filed an affidavit of defense claiming exemption from assessment by virtue [107]*107of an agreement of the Authority in connection with another project that a water line would not be projected past their property and on the ground that the claim was void because it was filed too late. The issues were the subject of an evidentiary hearing before Judge Lindley E. McClelland in the Court of Common Pleas of Erie County who thereafter entered an opinion and order upholding the Authority’s claim. The court below en banc dismissed exceptions and the property owners have appealed from that order. "We affirm on Judge McClelland’s able opinion at Millcreek Township Water Authority v. Charles W. Young and Martha J. Young, his wife, Pa. D. & C. 3rd (1981).

Order

And Now, this 7th day of June, 1982, the order of the Court of Common Pleas of Erie County is affirmed.

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Opinion by

Judge Rogers,

The appellants are owners of a property located in a residential subdivision in Millcreek Township, Erie County, who gave notice to Millcreek Township Water Authority to file a writ of scire facias on' its municipal claim based on the cost of the placement of a water line serving their property. The writ was duly issued. The appellants filed an affidavit of defense claiming exemption from assessment by virtue [107]*107of an agreement of the Authority in connection with another project that a water line would not be projected past their property and on the ground that the claim was void because it was filed too late. The issues were the subject of an evidentiary hearing before Judge Lindley E. McClelland in the Court of Common Pleas of Erie County who thereafter entered an opinion and order upholding the Authority’s claim. The court below en banc dismissed exceptions and the property owners have appealed from that order. "We affirm on Judge McClelland’s able opinion at Millcreek Township Water Authority v. Charles W. Young and Martha J. Young, his wife, Pa. D. & C. 3rd (1981).

Order

And Now, this 7th day of June, 1982, the order of the Court of Common Pleas of Erie County is affirmed.

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Bluebook (online)

445 A.2d 1371, 67 Pa. Commw. 106, 1982 Pa. Commw. LEXIS 1335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/young-v-millcreek-township-water-authority-pacommwct-1982.