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ELIZABETH TP. v. MUN. AUTH. OF McKEESPORT

498 Pa. 476 (1982)

447 A.2d 245

ELIZABETH TOWNSHIP and Elizabeth Township Sanitary Authority, Appellants, v. MUNICIPAL AUTHORITY OF the CITY OF McKEESPORT. TOWNSHIP OF NORTH VERSAILLES, Appellant, v. MUNICIPAL AUTHORITY OF the CITY OF McKEESPORT.

Supreme Court of Pennsylvania.

Decided July 6, 1982.

Attorney(s) appearing for the Case

John A. Caputo, O'Donnell, Bresnahan & Caputo, Pittsburgh, for appellants at No. 23.

G.N. Evashavik, Evashavik, Capone, Evans, Della Vecchia, Pittsburgh, for appellant at No. 24.

John J. Meyers, Liddle & Adams, McKeesport, Gary H. McQuone, Pittsburgh, for appellee.

Before O'BRIEN, C.J., and ROBERTS, NIX, LARSEN, FLAHERTY, McDERMOTT and HUTCHINSON, JJ.

OPINION OF THE COURT

ROBERTS, Justice.

At issue is whether there is a right to a trial by jury in an action brought in a court of common pleas to challenge the reasonableness of rates established by a municipal authority. On appeals from judgments of the Court of Common Pleas of Allegheny County entered on a jury's verdict declaring the sewage rates of appellee Municipal Authority of the City of McKeesport to be unreasonable, the Commonwealth Court held...

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