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  5. 69 Pa.Commw. 420 (1982)
 

BERN TWP. AUTH. v. HARTMAN ET AL.

Nos. 254 C.D. 1981, 861 C.D. 1981, 1736 C.D. 1981, 393 C.D. 1981, 1011 C.D. 1981 and 1795 C.D. 1981.

69 Pa.Commw. 420 (1982)

Bern Township Authority, Appellant v. Edward G. Hartman and John W. Hartman, Appellees. Bern Township Authority, Appellant v. Edward G. Hartman and John W. Hartman, Appellees. Bern Township Authority, Appellant v. Edward G. Hartman and John W. Hartman, Appellees. Edward G. Hartman and John W. Hartman, Appellants v. Bern Township Authority, Appellee. Edward G. Hartman and John W. Hartman, Appellants v. Bern Township Authority, Appellee. Edward G. Hartman and John W. Hartman, Appellants v. Bern Township Authority, Appellee.

Commonwealth Court of Pennsylvania.

October 22, 1982.

Attorney(s) appearing for the Case

Brett A. Huckabee, DeSantis, Huckabee, Weiler & Schmehl, for Bern Township Authority.

Calvin E. Smith, with him Kurt H. Decker, Stevens & Lee, for Edward G. Hartman and John W. Hartman.

William H. Markus, with him Edmond B. Smith, Jr., Markus, Riethmuller & Smith, for Amicus Curiae, Pennsylvania Municipal Authorities Association.

Argued March 5, 1982, before Judges ROGERS, CRAIG and MacPHAIL, sitting as a panel of three. Reargued September 14, 1982, before President Judge CRUMLISH, JR. and Judges ROGERS, BLATT, WILLIAMS, JR., CRAIG, MacPHAIL and DOYLE.

OPINION BY JUDGE CRAIG, October 22, 1982:

This case has been reargued before the court en banc because it poses these two important questions:

1. When a municipality authority proceeds to recover the cost of a project by a combination of frontfoot assessments and benefit assessments, is a total recovery in excess of the project's assessable construction costs permitted under the law?

2. If the...

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