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M & D PROPERTIES v. BOROUGH OF PORT VUE

893 A.2d 858 (2006)

M & D PROPERTIES, INC., a Corporation, Appellant v. The BOROUGH OF PORT VUE, a municipal corporation.

Commonwealth Court of Pennsylvania.

Decided February 28, 2006.

Attorney(s) appearing for the Case

Samuel J. Pasquarelli, Pittsburgh, for appellant.

Patricia L. McGrail, White Oak, for appellee.

BEFORE: SMITH-RIBNER, Judge, COHN JUBELIRER, Judge, and LEAVITT, Judge.

OPINION BY Judge LEAVITT.

Appellant, M & D Properties, Inc. (M & D), appeals from a judgment entered on July 26, 2005, by the Court of Common Pleas of Allegheny County (trial court) on a non-jury verdict in favor of the Borough of Port Vue (Borough). At issue in this case is the reasonableness of garbage collection fees assessed by the Borough against an apartment complex owned and operated by M & D. We affirm.

The facts in this case are undisputed...

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