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COM. ex rel. RANSOM TWP. v. MASCHESKA

429 Pa. 168 (1968)

Commonwealth ex rel. Ransom Township v. Mascheska, Appellant.

Supreme Court of Pennsylvania.

March 15, 1968.

Attorney(s) appearing for the Case

Edwin Utan, for appellant.

Joseph Marzzacco, with him S.U. Colbassani, for appellee.

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

OPINION BY MR. JUSTICE ROBERTS, March 15, 1968:

On November 19, 1965, a summons was issued through a justice of the peace in the Township of Ransom charging appellant Mascheska with a violation of one of the township's zoning ordinances. A fine of $25 was assessed. Since a suit instituted by a municipality for a violation of one of its ordinances is a suit for a collection of a penalty and thus civil in nature, an appeal from the justice of the peace's action was...

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