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MT. GRETNA AUTH. v. MT. GRETNA HTS. ASSN.

No. 907 C.D. 1976.

28 Pa.Commw. 583 (1977)

Mount Gretna Authority v. The Mt. Gretna Heights Association, Appellant.

Commonwealth Court of Pennsylvania.

February 23, 1977.

Attorney(s) appearing for the Case

Thomas P. Harlan, with him Beaver, Wolf & Harlan, for appellant.

Keith L. Kilgore, with him Spitler, Rowe and Kilgore, for appellee.

Argued February 3, 1977, before Judges CRUMLISH, JR., WILKINSON, JR. and MENCER, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, February 23, 1977:

This is an appeal from an order in a declaratory judgment proceeding upholding appellee's purchase of a sewer system against appellant's claims of a violation of Section 10(D) of the Municipality Authorities Act of 1945 (Act), Act of May 2, 1945, P.L. 382, as amended, 53 P.S. § 312(D).1 We affirm.

The facts are stipulated but will require recitation at some length. The...

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