Catholic Cemeteries Association of the Diocese of Pittsburgh, Inc. v. Township of Pine

Order affirming report of Board of Viewers vacated and remanded so Board could make necessary findings of fact and conclusions of law and provide explanation of how it arrived at its assessment of benefit plaintiff's property derived from installation of water lines.

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Argued: February 12, 2002

The Catholic Cemeteries Association of the Diocese of Pittsburgh, Inc. (Association) appeals from the April 20, 2001 order of the Court of Common Pleas of Allegheny County (trial court), which affirmed the Final Report (Final Report) Issued by the Board of Viewers (Board) for the Warrendale-Bakerstown Road and Brierly Road Water District (Water District). We vacate and remand.

On November 6, 1995, the Township of Pine (Township) enacted Ordinance No. 234, which established the Water District and authorized the installation of water lines within the Water District. Ordinance No. 234 provided that once the water lines were installed, the Township would petition the trial court for the appointment of viewers to assess each property benefited by the construction of the water lines. The viewers were to assess the properties based on the benefit to each property from the water lines. (R.R. at 128a-34a.)

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Catholic Cemeteries Association of the Diocese of Pittsburgh, Inc. v. Township of Pine

Order affirming report of Board of Viewers vacated and remanded so Board could make necessary findings of fact and conclusions of law and provide explanation of how it arrived at its assessment of benefit plaintiff's property derived from installation of water lines.

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