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DeFEO & P.A.D. CORP. v. BROOKHAVEN BORO.

Appeal, No. 261 C.D. 1971.

3 Pa.Commw. 377 (1971)

DeFeo and P.A.D. Corporation v. Brookhaven Borough.

Commonwealth Court of Pennsylvania.

November 9, 1971.

Attorney(s) appearing for the Case

Holbrook M. Bunting, Jr., with him Trevaskis, Doyle, Curie, Nolan and Bunting, for appellants.

Murray S. Eckell, with him Eckell, Sparks, Vadino, Auerbach & Monte, for appellee.

Argued October 4, 1971, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO and MENCER. Judge ROGERS disqualified himself.

OPINION BY JUDGE WILKINSON, November 9, 1971:

Appellants are the owners of a 13 1/4 acre tract of land, one-quarter acre of which is located in the Borough of Brookhaven, the remainder in the Borough of Parkside, all in Delaware County. Appellants are interested in constructing apartment buildings upon this tract and using that portion of the tract in Brookhaven for the purpose of constructing an access way thereby allowing another means of access to the apartment...

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