Township of Kennedy v. Ohio Valley General Hospital

Opinion by

Judge MacPhail,

The Township of Kennedy (Township) appeals from an order of the Court of Common Pleas of Allegheny County which denied its exceptions to a declaratory judgment entered by the Court against it on March 28, 1985. We reverse and remand.

The case was submitted to the Common Pleas Court on a set of stipulated facts. The pertinent facts are as follows:

6. Prior to 1949 the Ohio Valley General Hospital [(Hospital)] existed in the Township of Stowe.

7. In and around 1949 the Ohio Valley General Hospital began construction of a new hospital, located in Kennedy Township, which at…