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A platform for research: civil engineering, architecture and urbanism
Court Exceeded Authority in Delaying Rate Increase
In 1958, Hopewell Township and Aliquippa Borough each agreed to allow certain residents of the other to connect to and be served by its sewers and sewage treatment plants. In 1980, the Municipal Water Authority of the Borough of Aliquippa increased the quarterly sewer charges and user rates for Hopewell users but maintained the quarterly charge for Aliquippa residents. When Hopewell contested the increase, the trial court approved the increase but delayed the effective date to June 1, 1981. In an appeal, Hopewell argued that the Aliquippa authority should not be allowed to base a present rate increase on future capital improvements. The appellate court noted that the trial court had imposed a three‐year timetable for construction of the projected capital improvements. The appellate court ruled that without a showing of bad faith or fraud by a municipal authority, a trial court cannot assume the role of a rate‐setting body and modify a rate increase. The trial court's decision was vacated and the case was returned for further proceedings.
Court Exceeded Authority in Delaying Rate Increase
In 1958, Hopewell Township and Aliquippa Borough each agreed to allow certain residents of the other to connect to and be served by its sewers and sewage treatment plants. In 1980, the Municipal Water Authority of the Borough of Aliquippa increased the quarterly sewer charges and user rates for Hopewell users but maintained the quarterly charge for Aliquippa residents. When Hopewell contested the increase, the trial court approved the increase but delayed the effective date to June 1, 1981. In an appeal, Hopewell argued that the Aliquippa authority should not be allowed to base a present rate increase on future capital improvements. The appellate court noted that the trial court had imposed a three‐year timetable for construction of the projected capital improvements. The appellate court ruled that without a showing of bad faith or fraud by a municipal authority, a trial court cannot assume the role of a rate‐setting body and modify a rate increase. The trial court's decision was vacated and the case was returned for further proceedings.
Court Exceeded Authority in Delaying Rate Increase
1984-12-01
1 pages
Article (Journal)
Electronic Resource
English
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