ST. CATHERINE v. MOUNTAINTOP A.J.S.A.

No. 1775 C.D. 1980.

58 Pa.Commw. 181 (1981)

St. Catherine Church, St. Jude Church, Appellants v. The Mountaintop Area Joint Sanitary Authority, Appellee.

Commonwealth Court of Pennsylvania.

April 1, 1981.


Attorney(s) appearing for the Case

John L. McDonald, for appellants.

Joseph P. Mellody, Jr., for appellee.

Argued March 6, 1981, before Judges BLATT, CRAIG and WILLIAMS, JR., sitting as a panel of three.


OPINION BY JUDGE CRAIG, April 1, 1981:

St. Catherine Church and St. Jude Church appeal from the order of the Court of Common Pleas of Luzerne County which dismissed their complaints in ejectment and trespass against the Mountaintop Area Joint Sanitary Authority.

The churches alleged that the authority wrongfully entered their lands and constructed sewer lines across them without filing any declaration...

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