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HORNSTEIN ENTERPRISES v. LYNN TP.

160 Pa.Commw. 72 (1993)

634 A.2d 704

HORNSTEIN ENTERPRISES, INC., and Alex S. Hornstein v. TOWNSHIP OF LYNN, Appellant.

Commonwealth Court of Pennsylvania.

Decided November 19, 1993.

Reargument Denied January 25, 1994.

Attorney(s) appearing for the Case

Charles A. Waters, for appellant.

James G. Kellar, for appellees.

Before DOYLE and SMITH, JJ., and KELTON, Senior Judge.

KELTON, Senior Judge.

The Township of Lynn (Township) appeals from the February 17, 1993 order of the Honorable Thomas A. Wallitsch of the Court of Common Pleas of Lehigh County (trial court), entering a declaratory judgment in favor of Hornstein Enterprises, Inc. and Alex S. Hornstein (collectively, Developer). The trial court held that the Township has no authority to impose a $4,000 per house tapping fee...

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