Lansdale Borough v. Philadelphia Electric Co.

Opinion by

Mb. Justice Cohen,

The Borough of Lansdale, appellant, sought a declaratory judgment in the court below to assert its exclusive right under the authority of The Borough Code, 1 to sell electricity in an area recently annexed by the Borough but presently serviced by the Philadelphia Electric Company ('Company), appellee.

The lower court dismissed the petition on the grounds that jurisdiction of the subject matter is vested solely in the Pennsylvania Public Utility Commission, and the Borough appealed.

It is unquestioned that the Public Utility Law gives the Pennsylvania Public Utility…