181 Pa. Super. 364 | Pa. Super. Ct. | 1956
Opinion by
Schuylkill Haven Municipal Authority was incorporated by the Borough of Schuylkill Haven under the Act of May 2, 1945, P. L. 382. The Authority, pursuant to resolution of its Board [appointed by the governing body of the borough, in accordance with §7'(a) of the Act] constructed a sanitary sewer in the borough. The sewer system after completion was leased to the borough on April 1, 1950, and has been operated and maintained by the borough since that date. On April 4, 1950, the borough enacted its ordinance, No. 321, compelling all owners to connect their improved property with the sewer. The ordinance also prohibited the further use of cesspools, septic tanks, and the like, within the limits of the borough. As a penalty for failure to comply with the ordinance and for the violation of any of its provisions a fine of $30 was prescribed. On completion of the sewer, and after due
By our reversal of the orders in these appeals the borough will have survived the delays incident to the obstructive procedures invoked by appellees, and after six years (at long last, cf. Penna. P. & L. Co. v. Shenandoah Boro., 362 Pa. 43, 66 A. 2d 290) will be on the way to compel connection with the sewer, in the public interest, by all abutting owners. The Boltons are the owners of improved property on St. Peter Street in the borough. There is a lateral at the curb in front of their property for the purpose of making the connection. Before the justice of the peace the complaint
The order in each of these appeals is reversed and the judgment is reinstated.