EVANSBURG WATER CO. v. PERKIOMEN TP.


131 Pa.Commw. 89 (1990)

569 A.2d 428

EVANSBURG WATER COMPANY, Appellant, v. PERKIOMEN TOWNSHIP, and Perkiomen Township Municipal Authority, and Greenview Estates, Inc., and Cranberry Corporation, Appellees.

Commonwealth Court of Pennsylvania.

Decided February 2, 1990.

Petition for Allowance of Appeal Denied August 15, 1990.


Attorney(s) appearing for the Case

Arthur J. King, Collegeville, with him, Gloria D. Flynn, for appellant.

Philip R. Detwiler, Sol., Philip R. Detwiler & Associates, P.C., Blue Bell, (Paul J. Winterhalter, Ciardi, Fishbone & DiDonato, Philadelphia, of counsel), for appellees, Perkiomen Tp. and Tp. Mun. Authority.

James J. Heffernen, for appellees, Greenview Estates, Inc. and Cranberry Corp.

Before CRUMLISH, Jr., President Judge, McGINLEY, J., and NARICK, Senior Judge.


NARICK, Senior Judge.

Evansburg Water Company (Evansburg) has appealed from an order of the Court of Common Pleas of Montgomery County denying its request for a preliminary injunction.

Evansburg is a privately-owned water company which presently services a 238-home development in Perkiomen Township (Township). Evansburg's franchise area was authorized by the Public Utility Commission (PUC) in 1976 when it issued a Certificate of Public Convenience to Evansburg...

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