County of Lee v. Lehigh Utilities, Inc.

McNULTY, Chief Judge.

In this declaratory decree action defendant/appellant County of Lee appeals an adverse summary judgment. We reverse.

The factual predicate for this action are these. In 19S8 the appellant County granted the appellee utility’s predecessor a twenty-year exclusive franchise to provide water and sewage disposal service within a *497designated area of the County. The County also granted it an exclusive right to use all road rights-of-way for the installation of water and sewer lines and promised to aid and supervise the construction of lines within such rights-of-way. Additionally,…