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GALLAGHER v. BLDG. INSP., CITY OF ERIE

432 Pa. 301 (1968)

Gallagher v. Building Inspector, City of Erie, Appellant.

Supreme Court of Pennsylvania.

November 12, 1968.

Attorney(s) appearing for the Case

A.L. Gambatese, Assistant City Solicitor, with him James G. Hanes, City Solicitor, for appellant.

Irving Murphy, with him MacDonald, Illig, Jones & Britton, for appellees.

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

OPINION BY MR. JUSTICE O'BRIEN, November 12, 1968:

This is an appeal by the defendant, Building Inspector of the City of Erie, from the grant of the plaintiffs' motion for summary judgment, and the order to issue the building permits in question. Appellees had acquired certain property in the City of Erie suitable for the construction of town houses. Building permits were issued to appellees on December 12, 1966.

After protests by the neighbors in January...

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