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Connection Fee Charged for New Development
Publication year - 1995
Publication title -
journal ‐ american water works association
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.466
H-Index - 74
eISSN - 1551-8833
pISSN - 0003-150X
DOI - 10.1002/j.1551-8833.1995.tb06430.x
Subject(s) - lien , borough , apartment , terrace (agriculture) , zoning , connection (principal bundle) , unit (ring theory) , engineering , business , law , civil engineering , geography , finance , political science , archaeology , mathematics , mathematics education , structural engineering
Galen Dreibelbis, a land developer, owned 10 apartment units known as Johnson Terrace and located in the public water system service area of the State College Borough Water Authority (SCBWA). On February 15, 1990, the SCBWA imposed a connection fee of $660 per equivalent dwelling unit when a water tap is “activated [to a] new development.” In September 1990, Dreibelbis applied for building and zoning permits to build nine additional units. In December 1990, the SCBWA amended its resolution to require a connection fee of $660 per equivalent dwelling unit when a water tap is activated to a “new use.” At some point, Dreibelbis physically connected his new units to the system. The SCBWA assessed a $3,811.20 connection fee. Dreibelbis refused to pay. The SCBWA entered a lien on Johnson Terrace. Dreibelbis sought to have the lien struck but paid the amount of the lien into court for purposes of contesting it. The trial court rule ruled against him.