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SKUPIEN v. BOROUGH OF GALLITZIN

134 Pa.Commw. 115 (1990)

578 A.2d 577

Joseph J. SKUPIEN and Marjorie A. Skupien, husband and wife, Appellants, v. The BOROUGH OF GALLITZIN, Appellee.

Commonwealth Court of Pennsylvania.

Decided July 19, 1990.

Attorney(s) appearing for the Case

Blair V. Pawlowski, Pawlowski and Tulowitzki, for appellants.

Toni-Renee Anderson, with her, Ronald Dudeck, Kaminsky, Kelly, Wharton and Thomas, for appellee.

Before CRAIG, President Judge, and PELLEGRINI, J., and NARICK, Senior Judge.

CRAIG, President Judge.

Joseph and Marjorie Skupien appeal a decision of the Court of Common Pleas of Cambria County that sustained the Borough of Gallitzin's preliminary objections to the Skupiens' petition for declaratory judgment.

The Skupiens challenged paragraph 7 of the borough's Ordinance No. 338, which provides for the regulation of the Gallitzin Borough Water System, and which provides that the owners and lessees of property, if served by the borough...

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