Borough, authority to appeal court
Thursday, March 23, 2006
By John Vivirito
A case that has been in the courts for 10 years may be
headed to the state Supreme Court.
West View and West View Water Authority plan to appeal a
ruling from Commonwealth Court last month ordering them to
pay about $3 million toward a sewer upgrade project, said
West View Solicitor Fred Baxter.
The Commonwealth Court ruling upheld an Allegheny County
Common Pleas Court decision in 2004 that said West View and
West View Water Authority must pay about one-fourth of the
cost of a $12 million project undertaken by Girty's Run
Joint Sewer Authority to help curb sewer backups.
The Commonwealth Court decision, issued Feb. 21, ruled
that Common Pleas Court was right to uphold a 1987 agreement
between West View and the Girty's Run Joint Sewer Authority
requiring the borough and West View Water Authority to share
maintenance and improvement costs.
Mr. Baxter said that, when West View entered into the
1987 agreement, it was to help maintain and improve the
Girty's Run trunk line and try to reduce the sewage
Ross, Shaler, Reserve and Millvale are members of the
Girty's Run Joint Sewer Authority. West View is not a member
but sends its sewage into the authority's trunk line.
Mr. Baxter contends each municipality using the system is
responsible for its own problems and that West View had
accounted for its own problems.
Girty's Run Joint Sewer Authority first sued West View
over the matter in 1996.
When Common Pleas Court issued its ruling in 2004, Dan
Daugherty, executive director of the West View authority,
said the ruling could mean higher sewer rates for West View
(John Vivirito is a freelance writer.)