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PA. GAS & WATER CO. v. T. OF OLD LYCOMING

No. 258 C.D. 1978.

43 Pa.Commw. 188 (1979)

Pennsylvania Gas and Water Company, Appellant v. Township of Old Lycoming and Commonwealth of Pennsylvania, Department of Transportation, Appellees.

Commonwealth Court of Pennsylvania.

June 1, 1979.

Attorney(s) appearing for the Case

John M. Humphrey, with him Candor, Youngman, Gibson & Gault, for appellant.

Scott A. Williams, for appellee.

James J. Kutz, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Gerald Cornish, Attorney General, for intervenor.

Argued March 5, 1979, before Judges CRUMLISH, JR., ROGERS and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, June 1, 1979:

Pennsylvania Gas and Water Company (Appellant) instituted this action in equity to challenge the reasonableness of the permit issuance and inspection fees for installation and maintenance of gas pipes located under the roads of the Township of Old Lycoming (Township). Because Appellant's complaint alleged that the statute which authorized the fees, Section 1156 of The...

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