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McARTHUR v. MT. LEBANON TWP.

402 Pa. 78 (1960)

McArthur v. Mt. Lebanon Township, Appellant.

Supreme Court of Pennsylvania.

December 1, 1960.

Attorney(s) appearing for the Case

Frank L. Seamans, with him Donald C. Winson, and Eckert, Seamans & Cherin, for appellant.

Jack W. Plowman, with him Robert Raphael, and Rose, Houston, Cooper and Schmidt, for appellees.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.

OPINION BY MR. JUSTICE COHEN, December 1, 1960:

This is an appeal from an order of the Court of Quarter Sessions of Allegheny County declaring an ordinance null and void.

The Township of Mt. Lebanon, defendant-appellant, enacted an ordinance purporting to condemn a portion of the property belonging to plaintiffs-appellees for a "walkway" which would serve primarily as a passageway for school children.

The appellees filed a complaint with the court...

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