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LYNCH et al. v. GATES

433 Pa. 531 (1969)

Lynch et al., Appellants, v. Gates.

Supreme Court of Pennsylvania.

April 23, 1969.

Attorney(s) appearing for the Case

Ivan E. Birsic, with him John W. Latella, and Cauley, Birsic & Clarke, for appellants.

John J. Klein, with him Harvey E. Schauffler, Jr., for appellees.

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

OPINION BY MR. JUSTICE JONES, April 23, 1969:

The sole question involved on this appeal is whether certain property owners — whose properties directly adjoin land being used in a manner violative of a borough zoning ordinance — have sufficiently alleged in their complaint in equity such "special and peculiar" injury to their properties as entitles them to enforce the zoning ordinance.

Edwin Lynch and his wife, Irene, and Raymond Luptak and his...

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