Boro. of Sykesville v. City of DuBois

Full title: Borough of Sykesville, Appellant v. City of DuBois, Appellee

Court: Commonwealth Court of Pennsylvania

Date published: Jan 25, 1983

454 A.2d 697 (Pa. Cmmw. Ct. 1983)

454 A.2d 697

Opinion

Argued October 6, 1982

January 25, 1983.

Argued October 6, 1982, before President Judge CRUMLISH, JR. and Judges MacPHAIL and DOYLE, sitting as a panel of three.

Appeal, No. 3111 C.D. 1981, from the Order of the Court of Common Pleas of Clearfield County in the case of Borough of Sykesville v. City of DuBois, No. 78-41-Equity.

Action in equity in the Court of Common Pleas of Clearfield County. Complaint dismissed. REILLY, J. Complainant appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.

Querino R. Torretti, with him, Robert M. Hanak, for appellant.

Edward V. Cherry, for appellee.

OPINION BY JUDGE DOYLE, January 25, 1983:

This is an appeal from an order of the Court of Common Pleas of Clearfield County denying injunctive relief to the Borough of Sykesville against the City of DuBois.

We have reviewed the record and the briefs in this case and affirm, adopting the carefully reasoned and well written opinion of President Judge JOHN K. REILLY, JR., Borough of Sykesville v. City of DuBois,

Pa. D. C.3rd ___ (1981).¹

1 We note that on page 3 of the opinion, the correct parallel citation for Reigle v. Smith should read 134 A. 380 and the case was decided in 1926.

ORDER

NOW, January 25, 1983, the order of the Court of Common Pleas of Clearfield County in the above referenced matter is affirmed.