(Download) "Commonwealth Pennsylvania v. James L. Flynn" by Commonwealth Court of Pennsylvania # eBook PDF Kindle ePub Free
eBook details
- Title: Commonwealth Pennsylvania v. James L. Flynn
- Author : Commonwealth Court of Pennsylvania
- Release Date : January 24, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
On December 31, 1973, James L. Flynn entered into an agreement of sale for the purchase of a 2.15 acre lot located adjacent to Clarks Creek in Middle Paxton Township (Township). Mr. Flynn intended to build a home for himself there and recognized that, because there was no public sewer system in the vicinity, a sewer permit for the installation of an on-site sewage disposal system would have to be obtained. He also realized that the issuance of such a permit was not a certainty by any means, and so he made sure that his obligation to purchase the property under the agreement was contingent upon his obtaining the necessary permit. Shortly after entering into the agreement, Flynn contacted Lester H. Bitner, the Township official responsible for issuing sewage disposal system permits, and asked Bitner what procedures he would have to follow in order to acquire such a permit. Bitner advised him that soil and percolation tests would have to be conducted on the lot and recommended Earl Kunkle, a soil scientist, as the best man in the area to conduct those tests. Flynn consequently engaged Kunkles services and on January 7, 1974 Bitner accompanied Kunkle to the lot in question and watched Kunkle as he measured the depth of the water level beneath the surface at the location on the lot best suited for the system. Kunkle used a hand auger which penetrated to a depth of about four feet and which indicated that there was no water to that depth. On the basis of this test and other information supplied by Kunkle, Bitner issued a permit on January 11. On the permit form he