Legal Opinion

Bendas v. Upper Saucon Township

Commonwealth Court of Pennsylvania

Decided July 11, 1989No. 2924 C.D. 1988PublishedCited by 12 opinions

1Opinion of the Court

BARBIERI, Senior Judge.

John and Barbara Bendas (Appellants) appeal the order of the Lehigh County Court of Common Pleas which sustained Upper Saucon Township’s (Township) preliminary objection in the nature of a demurrer. We affirm.

Tests were conducted on Appellants’ property by the Township’s sewage enforcement officer to determine its suitability for an on-lot sewage disposal system. The Township thereafter issued a permit to Appellants prescribing the type of system to be installed. Subsequent to installation of the prescribed system, Appellants discovered that, due to the unsuitability of…

2Cases cited13 opinions

  1. Ayala v. Philadelphia Board of Public EducationSupreme Court of Pennsylvania · 1973
  2. Firing v. KephartSupreme Court of Pennsylvania · 1976
  3. Gall v. Allegheny County Health DepartmentSupreme Court of Pennsylvania · 1989
  4. Orner v. MallickSupreme Court of Pennsylvania · 1987
  5. Del Turco v. Peoples Home Savings Ass'nSupreme Court of Pennsylvania · 1984

8 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Matarazzo v. Millers Mutual Group, Inc.Commonwealth Court of Pennsylvania · 2007
  2. Bufford v. Pa. Dept. of TransportationCommonwealth Court of Pennsylvania · 1996
  3. McKeesport Municipal Water Authority v. McCloskeyCommonwealth Court of Pennsylvania · 1997
  4. Gibellino v. Manchester TownshipCommonwealth Court of Pennsylvania · 2015
  5. Meyer v. Community College of Beaver CountyCommonwealth Court of Pennsylvania · 2009

7 more not listed; retrieve them via the Exa API.

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