Commonwealth v. Borough of Strasburg

Shelley, J.,

This matter is before us on (1) defendants’ preliminary objections raising question of jurisdiction and in the nature of demurrer to plaintiff’s complaint in mandamus, and (2) plaintiff’s motion for a summary judgment pursuant to Rule 1098 of the Pennsylvania Rules of Civil Procedure.

The Commonwealth of Pennsylvania, on the relation of the Attorney General and at the instance of the Secretary of Health, filed a complaint in mandamus to compel the Borough of Strasburg to equip its water works with disinfection facilities and to disinfect the water supplied to its consumers,…