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PETER DANIELS REALTY v. NORTHERN EQUITY

829 A.2d 721 (2003)

PETER DANIELS REALTY, INC., v. NORTHERN EQUITY INVESTORS, GROUP, INC. Appeal of: Wheatfield Village Homeowners Association.

Superior Court of Pennsylvania.

Filed July 21, 2003.

Attorney(s) appearing for the Case

Gregory H. Chelak, Milford, for appellant.

Eric L. Hamill, Milford, for appellee.

Before: STEVENS, KLEIN and BECK, JJ.

BECK, J.

¶ 1 We address the question of whether a provider of water to a specific limited community should be deemed a "public utility" as defined in 66 Pa.C.S. § 102. We conclude that unless the water service is available to all members of the public who may require it, such a provider is not a "public utility" as defined in 66 Pa.C.S. § 102.

¶ 2 This is an appeal from an order granting the Petition for Contempt brought by Appellee Northern...

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