HELICON CORP. v. BORO. OF BROWNSVILLE.

No. 686 C.D. 1981.

68 Pa.Commw. 375 (1982)

Helicon Corporation, t/d/b/a Ruth Cablevision Company, Appellant v. The Borough of Brownsville, Appellee.

Commonwealth Court of Pennsylvania.

August 19, 1982.


Attorney(s) appearing for the Case

William M. Young, Jr., McNees, Wallace & Nurick, for appellant.

Charles O. Tebley, Jr., with him William M. Radcliffe, Coldren & Coldren, for appellee.

Argued May 4, 1982, before President Judge CRUMLISH, JR. and Judges ROGERS, BLATT, CRAIG and MacPHAIL.


OPINION BY JUDGE BLATT, August 19, 1982:

Helicon Corporation1 (Helicon) appeals an order of the Court of Common Pleas of Fayette County confirming a decree nisi which granted the Borough of Brownsville's (Borough) prayer to enjoin Helicon from charging a monthly cable television fee in excess of the maximum rate established by a Borough ordinance.

The following facts were stipulated to by the parties in the trial court. On July...

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