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MOUNTAINTOP A. J. S. A. v. MALONE ET UX.

No. 2604 C.D. 1981.

73 Pa.Commw. 217 (1983)

The Mountaintop Area Joint Sanitary Authority, Appellant v. John J. Malone, Jr. and Roberta M. Malone, his wife, Appellees.

Commonwealth Court of Pennsylvania.

March 31, 1983.

Attorney(s) appearing for the Case

Chester F. Dudick, Jr., with him Joseph P. Mellody, Jr., Hourigan, Kluger & Spohrer Associates, for appellant.

John L. McDonald, for appellees.

Argued December 13, 1982, before President Judge CRUMLISH, JR. and Judges ROGERS and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, March 31, 1983:

The instant case has as its genesis a complaint in equity by Mr. and Mrs. Malone, owners of property in Wright Township, Luzerne County, Pennsylvania, against the Mountaintop Area Joint Sanitary Authority (Authority) alleging that the diversion of storm water onto their land by the Authority by reason of the construction of a sanitary sewer system, entitles them to equitable relief. After extensive pleadings and a trial which...

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