Hornstein Enterprises, Inc. v. Township of Lynn

KELTON, Senior Judge.

The Township of Lynn (Township) appeals from the February 17, 1993 order of the Honorable Thomas A. Wallitsch of the Court of Common Pleas of Lehigh County (trial court), entering a declaratory judgment in favor of Hornstein Enterprises, Inc. and Alex S. Hornstein (collectively, Developer). The trial court held that the Township has no authority to impose a $4,000 per house tapping fee in connection with the furnishing of sanitary sewer service to the homes in Developer’s subdivision. We affirm.

Developer proposes to construct, at his own expense, an extension to an…