Summary
affirming on the basis of the trial court's opinion at 44 D. & C.3d 89, 95
Summary of this case from Midland Heights Homes, Inc. v. Mun. Auth. of the Borough of MidlandOpinion
Argued June 8, 1987.
November 13, 1987.
Argued June 8, 1987, before Judges CRAIG and DOYLE, and Senior Judge KALISH, sitting as a panel of three.
Appeal, No. 1871 C.D. 1986, from the Order of the Court of Common Pleas of Bucks County, in case of Twining Services Corp. and Frank Kelly and Elizabeth Kelly, t/a Twining Village Associates v. Northampton, Bucks County Municipal Authority, No. 82-05225-10-5.
Complaint in the Court of Common Pleas of Bucks County against Bucks County Municipal Authority. Judgment for authority. GARB, J. Plaintiffs filed motion for post-trial relief. Motion dismissed. GARB, J. Plaintiffs appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
John J. Kerrigan, Jr., Stuckert and Yates, for appellants.
Michael T. Scott, with him, James J. Ferrelli, Pepper, Hamilton Scheetz, for appellee.
Twining Services Corporation and Frank and Elizabeth Kelly, t/a Twining Village Associates (Appellants) appeal from an order of the Court of Common Pleas of Bucks County denying their motions for post-trial relief and thus dismissing the complaint in equity. We affirm.
Appellants, the operators of a retirement community called Twining Village, brought suit against Northampton, Bucks County Municipal Authority (Authority), which provides sewer service to Twining Village. Appellants sought to have contracts with the Authority voided on the ground that they were executed under extreme economic duress, to have a declaration that the Authority's rates were unreasonable and arbitrary, and to gain a refund of alleged overpayments.
All of the issues in this case were extensively covered in the opinions of the able President Judge GARB of the Court of Common Pleas of Bucks County in Twining Services Corp. v. Northampton, Bucks County Municipal Authority, 44 Pa. D. C.3d 89 (1984) and Twining Services Corp. v. Northampton, Bucks County Municipal Authority, 49 Bucks L. Rep. 210 (1986). 44 Pa. D. C.3d 93 (1986), and we affirm on the basis of those opinions.
ORDER
NOW, November 13, 1987, the order of the Court of Common Pleas of Bucks County, No. 82-05225-10-5 dated May 27, 1986, is affirmed.