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YOUNG ET UX. v. MILLCREEK TWP. WATER AUTH.

No. 1133 C.D. 1981.

67 Pa.Commw. 106 (1982)

Charles W. Young and Martha J. Young, his wife, Appellants v. Millcreek Township Water Authority, Appellee.

Commonwealth Court of Pennsylvania.

June 7, 1982.

Attorney(s) appearing for the Case

Eugene J. Brew, Jr., Dale and Brew, for appellants.

William C. Sennett, Knox, Graham, McLaughlin, Gornall and Sennett, Inc., for appellee.

Argued May 3, 1982, before Judges ROGERS, BLATT and CRAIG, sitting as a panel of three.

OPINION BY JUDGE ROGERS, June 7, 1982:

The appellants are owners of a property located in a residential subdivision in Millcreek Township, Erie County, who gave notice to Millcreek Township Water Authority to file a writ of scire facias on its municipal claim based on the cost of the placement of a water line serving their property. The writ was duly issued. The appellants filed an affidavit of defense claiming exemption from assessment by virtue

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