TWO YEARS TO ZAP TAP FEE

September 10th, 2009 by MU Admin | Print

The Commonwealth Court recently ruled that there is a two-year statute of limitations to file a lawsuit claiming an overcharge for a tapping fee.  Harleysville Homestead, Inc. v. Lower Salford Township Authority, 732 C.D. 2008 (filed:  August 28, 2009).   The Court held that the two-year statute of limitations in Section 5524 of the Judicial Code applied because the allegation that the Authority overcharged for its tapping fees in violation of the Municipal Authorities Act sounds in tort for negligent performance of a statutory duty since the Authority has the statutory duty under the Municipal Authorities Act to correctly calculate a tapping fee.

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