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BARNES et ux. v. McCANDLESS TWP. SAN. AUTH.

Appeal, No. 889 C.D. 1972.

8 Pa.Commw. 457 (1973)

Barnes, et ux. v. McCandless Township Sanitary Authority.

Commonwealth Court of Pennsylvania.

April 10, 1973.

Attorney(s) appearing for the Case

George R. Specter, with him Baskin, Boreman, Wilner, Sachs, Gondelman & Craig, for appellants.

William H. Markus, with him Edmond B. Smith, Jr., for appellee.

Argued March 6, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE WILKINSON, April 10, 1973:

This is an appeal from an order of the Court of Common Pleas of Allegheny County, Civil Division, in an appeal from the assessment of benefits by a Board of View. The court order appealed from determined that the deed from appellants to appellee for a right of way for a sewer did not constitute an agreement between the parties that benefits could not be assessed against the property of the appellants. It is not contested...

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