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VAL. FORGE GOLF C. v. UPPER MERION TWP.

422 Pa. 227 (1966)

Valley Forge Golf Club, Appellant, v. Upper Merion Township.

Supreme Court of Pennsylvania.

June 27, 1966.

Attorney(s) appearing for the Case

Desmond J. McTighe, with him Philip D. Weiss, and Duffy, McTighe & McElhone, for appellant.

James E. Meneses, with him Gregory J. Dean, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE COHEN, June 27, 1966:

This is an appeal from the dismissal by the lower court of plaintiff's petition seeking a preliminary injunction against defendant township to restrain it from condemning plaintiff's real estate. Plaintiff, a private golf club, had previously filed a complaint in equity seeking a permanent injunction, to which defendant filed preliminary objections challenging the jurisdiction of the equity court on the ground, inter alia...

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