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LAUX et al. v. BORO. OF HARVEYS LAKE et al.

2 Pa.Commw. 297 (1971)

Raymond Laux and Thomas Cosgrove v. Borough of Harveys Lake and the General Municipal Authority of Harveys Lake Borough.

Commonwealth Court of Pennsylvania.

April 16, 1971.

Attorney(s) appearing for the Case

Joseph V. Kasper, with him Cardoni, Gallagher, Coslett, Sobota, Podcasy & Kasper, for appellants.

Donald D. McFadden, with him Flanagan, Doran, Biscontini & Shaffer, for appellees.

Argued March 1, 1971, before President Judge BOWMAN, and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER and ROGERS.

OPINION BY JUDGE ROGERS, April 16, 1971:

This suit is between those who would build a sewer in the Borough of Harveys Lake, Luzerne County, and those who would prevent such construction.

Among the proponents of the sewer are a majority of Borough Council who created the General Municipal Authority of the Borough of Harveys Lake in January 1970. On March 26, 1970, the Authority submitted to Borough Council a budget of preliminary expenses for the year 1970...

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