Municipalities — Abatement of pollution — Sanitary Water Board — Order directing borough to erect sewage treatment plant — Requesting borough to issue non-debt revenue bonds — Preliminary objections — Act of June 22, 1937, P. L. 1987.
Where, in a proceeding in mandamus to enforce an order of the Sanitary Water Board directing the defendant borough to erect a sewage treatment plant, it appeared that defendant did not have the necessary funds available under the first two methods prescribed by § 210 of the Act of June 22, 1937, P. L. 1987 (which relates to municipal financing of pollution abatement), that the borough electors had voted against an increase in indebtedness sought by the borough under the third method of § 210, and that defendant had not been requested by the Sanitary Water Board to issue non-debt revenue bonds, as provided in the fourth method under § 210; and that the court below sustained the defendant's preliminary objections to the complaint, without prejudice to the right of the Board to request the borough to issue non-debt revenue bonds and, upon noncompliance, to again file its complaint in mandamus; it was Held that the order of the court below should be affirmed.
OPINION PER CURIAM, June 28, 1954:
The Order of the Court below is affirmed on the Opinion of Judge CORSON.