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COMMONWEALTH v. GILPIN TWP. ET AL.

No. 2898 C.D. 1978.

52 Pa.Commw. 414 (1980)

Commonwealth of Pennsylvania, Plaintiff v. Gilpin Township, Armstrong County et al., Defendants.

Commonwealth Court of Pennsylvania.

June 27, 1980.

Attorney(s) appearing for the Case

Zelda Curtiss, Assistant Attorney General, with her Thomas Y. Au, Assistant Attorney General, for plaintiff.

Timothy J. Geary, for defendants.

Argued May 5, 1980, before Judges MENCER, ROGERS and WILLIAMS, JR., sitting as a panel of three.

OPINION BY JUDGE MENCER, June 27, 1980:

The Department of Environmental Resources (DER) has filed a complaint in equity naming as defendants Gilpin Township, its supervisors, Gilpin Township Sewage Authority, and its members. The complaint alleges that Gilpin Township has no community sewage treatment system and that malfunctioning on-lot sewage systems pollute the streams and create a nuisance.

Defendants filed an answer and new matter to the complaint. Paragraphs...

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