HOLT v. BROOKHAVEN BOROUGH

No. 4446 of 1970.

50 Pa. D. & C. 2d 211 (1970)

Holt v. Brookhaven Borough

Common Pleas Court of Delaware County, Pennsylvania.

June 22, 1970.


Attorney(s) appearing for the Case

Edward J. Zetusky, Jr., for plaintiffs.

Murray S. Eckell, for defendants.


LIPPINCOTT, J., June 22, 1970. —

A. STATEMENT OF ISSUES

This is a class action in equity by taxpayers of the Borough of Brookhaven seeking to have an ordinance increasing sewer rentals on certain properties declared illegal and to restrain its enforcement. Plaintiffs contend that the increase is unnecessary and that it will produce an illegal surplus. Defendants admit that a surplus will result, but argue that such surplus is legally permissible to...

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