APPEAL OF PERSKY ET UX.

No. 1258 C.D. 1976.

30 Pa.Commw. 47 (1977)

In Re: Abington Township Proposed Sewer Construction in Old Valley Road, Susquehanna Street, Washington Lane et al. Samuel S. Persky and Gloria R. Persky, his wife et al., Appellants.

Commonwealth Court of Pennsylvania.

May 3, 1977.


Attorney(s) appearing for the Case

John P. Gregg, with him Samuel H. High, Jr., and High, Swartz, Roberts & Seidel, for appellants.

Joseph M. Manko, with him Terri N. Gelberg, and Wolf, Block, Schorr and Solis-Cohen, for appellee.

Argued April 6, 1977, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE WILKINSON, JR., May 3, 1977:

On July 11, 1974, the Board of Commissioners of Abington Township (Township) passed a resolution authorizing the construction of collector sewers in the Washington Lane sewer district. Waste from the area is to be treated at the Township's temporary Sandy Run Treatment Center. Under a long-range agreement, entered into in 1958 between the Township and the City of Philadelphia, interceptors could

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