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Franklin L. Co. v. B. of Fox Chapel

Commonwealth Court of Pennsylvania
Dec 14, 1978
395 A.2d 313 (Pa. Cmmw. Ct. 1978)

Opinion

Argued October 30, 1978

December 14, 1978.

Argued October 30, 1978, before Judges WILKINSON, JR., ROGERS and MacPHAIL, sitting as a panel of three.

Appeal, No. 571 C.D. 1978, from the Order of the Court of Common Pleas of Allegheny County in case of Franklin Land Company and John Hobart Miller, Inc. v. Borough of Fox Chapel and Tasso Katselas et al., No. 77 January Term, 1977.

Challenge to borough ordinance filed in the Court of Common Pleas of Allegheny County. Ordinance vacating road declared invalid. WATSON, J. Borough appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.

A. Bruce Bowden, with him John R. Johnson, and Buchanan, Ingersoll, Rodewald, Kyle Buerger, for Borough of Fox Chapel.

T. Lawrence Palmer, with him Jay D. Glasser, and Hollinshead and Mendelson, for Franklin Land Company and John Hobart Miller, Inc.

Michael D. DeMarco, for James J. Ryan and Susan E. Ryan.

Victor R. Delle Donne, with him Baskin, Boreman, Wilner, Sachs Gondelman, for Tasso and Jane Katselas, Seymour Baskin and National Development Corporation.

J. Scott Calkins, Loudon L. Campbell, and Shaffer, Calkins Balaban, for amicus curiae, Pennsylvania Builders Association.


AND NOW, this 14th day of December, 1978, after a careful review of the record and pleadings, we affirm on the unreported opinion of Judge WATSON of the Allegheny County Court of Common Pleas, Civil Division, dated February 23, 1978, and entered to No. 77 January Term, 1977, Miscellaneous Docket, No. S.A. 1539 of 1976.


Summaries of

Franklin L. Co. v. B. of Fox Chapel

Commonwealth Court of Pennsylvania
Dec 14, 1978
395 A.2d 313 (Pa. Cmmw. Ct. 1978)
Case details for

Franklin L. Co. v. B. of Fox Chapel

Case Details

Full title:Franklin Land Company and John Hobart Miller, Inc. v. Borough of Fox…

Court:Commonwealth Court of Pennsylvania

Date published: Dec 14, 1978

Citations

395 A.2d 313 (Pa. Cmmw. Ct. 1978)
395 A.2d 313