M & D Properties, Inc. v. Borough of Port Vue

OPINION BY

Judge LEAVITT.

Appellant, M & D Properties, Inc. (M & D), appeals from a judgment entered on July 26, 2005, by the Court of Common Pleas of Allegheny County (trial court) on a non-jury verdict in favor of the Borough of Port Vue (Borough). At issue in this case is the reasonableness of garbage collection fees assessed by the Borough against an apartment complex owned and operated by M & D. We affirm.

The facts in this case are undisputed. The Borough’s ordinance requires that all domestic refuse accumulated upon any property within the Borough be collected and removed by the Borough…