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UNICO VILLAGE, INC. v. PHILA. WATER D. ET AL.

No. 1495 C.D. 1977.

43 Pa.Commw. 386 (1979)

Unico Village, Inc. v. Philadelphia Water Dept. and Philadelphia Dept. of Collections. City of Philadelphia, Appellant.

Commonwealth Court of Pennsylvania.

June 15, 1979.

Attorney(s) appearing for the Case

Barbara R. Axelrod, Assistant City Solicitor, with her James M. Penny, Jr., Deputy City Solicitor, and Sheldon L. Albert, City Solicitor, for appellant.

Richard J. Gordon, with him Benjamin R. Jones, and, of counsel, Dilworth, Paxson, Kalish, Levy & Kauffman, for appellee.

Argued April 4, 1979, before President Judge BOWMAN and Judges WILKINSON, JR., ROGERS, BLATT, CRAIG and MacPHAIL. Judges CRUMLISH, JR., MENCER and DiSALLE did not participate.

OPINION BY JUDGE ROGERS, June 15, 1979:

Philadelphia Water Department Regulation 34(B) (1)(b) modified the phrase "purely public charity" appearing in the Philadelphia Code by limiting the class described to organizations "which are supported by voluntary contributions" and, based on the modification, denied Unico Village, Inc. the benefit of charity water rates. On appeal, the Court of Common Pleas of Philadelphia County held the modification void, ordered the Water...

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