Opinion

Allport Water Authority v. Winburne Water Co.

258 Pa. Super. 555
393 A.2d 673
1978 Pa. Super. LEXIS 3772

Court: Superior Court of Pennsylvania
Filed: Oct 20, 1978
Status: Published
Author: Hester
On the bench: Jacobs, Hoffman, Cer-Cone, Price, Van Voort, Spaeth, Hester
Cited by: 11 cases
Authority: More cited than 7.5%

The opinion

HESTER, Judge,

dissenting:

I dissent. I would affirm the adjudication of the court below, Feingold v. Bell of Pennsylvania, 477 Pa. 1 , 383 A.2d 791 (1978); West Homestead Borough School District v. Allegheny County Board of School Directors, 440 Pa. 113 , 269 A.2d 904 (1970); and Northvue Water Company, Inc. v. Municipal Water & Sewer Authority of Center Township, 7 Pa.Cmwlth. 141 , 298 A.2d 677 (1972).

The court below found as a fact that there was a threat of imminent and irreparable harm. This was sufficient to give that court jurisdiction over the subject matter involved in the within equity proceedings.

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