Township of Raccoon v. Municipal Water Authority

I respectfully dissent. The majority, by holding that a water purchasing municipal customer who maintains its own distribution and storage system, and bills and services its own customers, is “like” a multiple dwelling unit customer within the providing municipality, is at variance both with the intent of the parties and common parlance within the industry.

On February 19, 1973, the Borough of Aliquippa (Aliquippa), as Seller, and the Township of Raccoon (Raccoon), as Purchaser, entered into a water purchase contract (Contract). (58-61).1 The Contract provided in relevant part that:

B. The…