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JOHNSTON v. TOWNSHIP OF PLUMCREEK

859 A.2d 7 (2004)

Gary L. JOHNSTON, individually; Robert Dale Rearick, individually; Michael P. Cumberledge, individually; Bobbi Cumberledge, individually; Jack R. Cumberledge, individually; David Cornish, individually; Merle Dunbar, individually; Earl Wissinger, individually; Vicki L. McGaughey, individually; Donald Earl Miller, individually; Doris Jean Gearhart, individually, Appellants v. The TOWNSHIP OF PLUMCREEK, Armstrong County, Pennsylvania; The Township of Kittanning, Armstrong County, Pennsylvania; Kittanning-Plumcreek Water Authority.

Commonwealth Court of Pennsylvania.

Decided September 28, 2004.

Attorney(s) appearing for the Case

William C. Kerr, III, Brookville, for appellants.

Michael J. Supinka, Indiana, for appellees.

BEFORE: McGINLEY, Judge, and LEAVITT, Judge, and MIRARCHI, Senior Judge.

OPINION BY Judge LEAVITT.

Gary L. Johnston, et al., are residents of Armstrong County (Residents) who have appealed an order of the Court of Common Pleas of Armstrong County (trial court) dismissing their complaint. Residents' complaint challenged the constitutionality of Township ordinances requiring them to connect to the public water system. The trial court sustained the preliminary objections of Kittanning-Plumcreek...

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