Municipal Water System • Governmental Immunity • Dangerous Condition • Notice
Smith v. Borough of Montoursville, PICS Case No. 17-0783 (C.P. Lycoming Apr. 27, 2017) Gray, J. (11 pages).
Plaintiffs stated sufficient facts to raise a jury question regarding a municipality’s immunity and duty of care concerning a municipal water system. Plaintiffs also stated sufficient facts to challenge the constitutionality of an ordinance requiring payment for repairs to a water service line. The court overruled all of the borough’s preliminary objections.
