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DeTURK v. S. LEBANON TWP.

No. 88 T.D. 1986.

116 Pa.Commw. 557 (1988)

542 A.2d 213

Glenn G. DeTurk, Appellant v. South Lebanon Township and South Lebanon Township Authority and D & C Spinosa Co., Appellees.

Commonwealth Court of Pennsylvania.

June 6, 1988.

Attorney(s) appearing for the Case

Kenneth C. Sandoe, Steiner & Sandoe, for appellant.

George C. Werner, Barley, Snyder, Cooper & Barber, for appellees, South Lebanon Township and South Lebanon Township Authority.

Argued November 19, 1987, before Judges DOYLE and BARRY, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE BARRY, June 6, 1988:

Glenn G. DeTurk (DeTurk) appeals an order of the Court of Common Pleas of Lebanon County which granted the motion of South Lebanon Township (Township) and South Lebanon Township Authority (Authority) for summary judgment. We reverse.

The Township and the Authority constructed a waste water collection system on Plum Alley, adjacent to DeTurk's property. The Township and the Authority hired a contractor to initiate construction...

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