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.