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MORELLI et al. v. BORO. OF ST. MARYS et al.

1 Pa.Commw. 612 (1971)

Alfred J. Morelli, et ux., et al. v. Borough of St. Marys and Intervening Appellee, Pure Carbon Co., Inc.

Commonwealth Court of Pennsylvania.

April 12, 1971.

Attorney(s) appearing for the Case

Norbert J. Pontzer, with him Pontzer & Pontzer, for appellants.

Alvin B. Coppolo, for the Borough of St. Marys, appellee.

Dan P. Arnold, for intervening appellee.

Argued December 14, 1970, before President Judge BOWMAN, and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER, and BARBIERI (who has since been appointed to the Supreme Court of Pennsylvania and did not participate in the decision in this case).

OPINION BY JUDGE KRAMER, April 12, 1971:

This is an appeal by Alfred J. Morelli and other property owners in the Borough of St. Marys from an Order of the Court of Common Pleas of Elk County dated December 30, 1969, upholding an ordinance, adopted August 4, 1969, amending the zoning ordinance of the Borough of St. Marys (Appellee).

It was filed originally in the Supreme Court of Pennsylvania and in accordance with § 507 of the Appellate Court Jurisdiction...

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