Northampton Borough Solicitor William McCarthy announced at the Dec. 26 council meeting he would promptly file legal papers at the Northampton County Courthouse seeking the borough's removal from a civil lawsuit.

The lawsuit names Allen Township as the principal party and argues a developer is being billed excessive sewer fees.

Borough Manager Gene Zarayko informed borough council the borough is not responsible for the alleged overbilling.

The borough bills Allen Township for sewage capacity at its wastewater treatment plant, but Zarayko said it does not participate in Allen Township billing procedures, as in the case of the plaintiff in the suit, Willow Ridge.

Zarayko told council Willow Ridge has no legal basis for the suit. Further compounding the issue is the announcement by Zarayko that the borough's insurance carrier will not take up the case.

"I will be filing preliminary objections tomorrow [Dec. 27]," McCarthy said, about the attempt to remove the borough as a defendant in the litigation.

According to Willow Ridge, the township has overbilled the development by $432,000 to connect to the public sewer system. The development is located off the Nor-Bath Trail. There are 216 one or two-bedroom apartments projected for the site. The apartments will use a third of the sewer capacity of the average home. The township does not differentiate between houses and apartments in its sewage capacity charges, Willow Ridge argues.

Willow Ridge paid the township $654,000, in March but argues it owes only $222,000. The township assumes each apartment will use 221 gallons of sewer capacity a day. The developer contends the figure should more likely be 66 gallons.

Attorney Neil Stein is counsel for Willow Ridge. He is seeking $432,000 in reimbursement and legal fees.