Eways v. Board of Road Supervisors

Opinion by

Mr. Justice Roberts,

This appeal arises out of a dispute in which appellants, taxpayers of the Township of Exeter, Berks County, Pennsylvania, sought to restrain appellees, the Board of Supervisors of Exeter Township and the Exeter Municipal Authority, from proceeding with the proposed construction of a sanitary sewage disposal system. Appellants’ complaint alleged fraud and manifest abuse of discretion on the part of appellees in the planning and design of the proposed system.

At trial, no evidence was adduced by appellants in support of the allegation of fraud, the evidence…