Borough of Munhall v. Dynamic Cablevision, Inc.

Opinion by

Judge Rogers,

The Borough of Munhall (Borough) has appealed an order of the Court of Common Pleas of Allegheny County sustaining Dynamic Cablevision, Inc.’s (Dynamic) demurrer to, and dismissing, the Borough’s complaint in equity. "We reverse.

On July 26, 1968, the Borough enacted Ordinance No. 1177 granting Dynamic the exclusive right “to erect, maintain and operate transmission and distribution facilities, in, under, over, along, across and upon the streets, lanes, alleys, avenues, bridges, highways and other public places in said borough for the purpose of transmission by cable and…