Borough of Ellwood City, Lawrence County, PA v. Heraeus Electro-Nite Co., LLC

OPINION BY

JUDGE McCULLOUGH

The Borough of Ellwood City (Borough) appeals from a decision of the Court of Common Pleas of Lawrence County (trial court) granting a motion for judgment on the pleadings filed by Heraeus Electro-Nite Co., LLC (Heraeus). Upon review, we affirm.

Facts and Procedural History

Pursuant to its codified ordinance concerning the sale of electric energy and power, the Borough is owner and operator of an independent electrical power system that provides electricity within its municipal town limits. Municipal supplying of electricity and electric service is authorized by…