Ellport Borough v. Hogue

Henderson, J.,

The Borough of Ellport in Lawrence County, Pa. has caused to be constructed within its limits a sewerage system which was completed on February 15, 1964. This system has been in operation since that time. Defendant owns property within the Borough of Ellport, located at 301 Grim Street, upon which property he makes his residence.

In the construction of the sewerage system, the borough caused a sewer to be constructed in Grim Street in such a manner that the sewer line in that portion of the street abutting on defendant’s property is higher than the level necessary to drain…