Akron Borough v. Pennsylvania Public Utility Commission

Opinion by

Mr. Justice Cohen,

This is an appeal from an order of the Court of Common Pleas of Dauphin County dismissing preliminary objections of the Public Utility Commission to a complaint in equity. The PUC states it is bringing this appeal under the Act of March 5, 1925, P. L. 23 §1, 12 P.S. §672, since the jurisdiction of the subject matter of this action lies exclusively in it.

In January, 1958, the Borough of Akron, appellee, filed an application with appellant seeking a certificate of public convenience which would authorize it to furnish water service to the public within a designated…