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SCHUBACH et al. v. DEPT. OF PUB. WELFARE et al.

Original jurisdiction, No. 761 C.D. 1971.

4 Pa.Commw. 636 (1972)

Schubach, et al. v. Department of Public Welfare, et al. and Pine Hill Home, Inc., et al., Intervenor.

Commonwealth Court of Pennsylvania.

March 3, 1972.

Attorney(s) appearing for the Case

J. Leon Rabben, for plaintiff.

Marx S. Leopold, General Counsel, with him J. Shane Creamer, Attorney General, for defendants.

Bernard J. Goodheart, with him Irvin Stander, for Intervenor.

Argued January 5, 1972, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE WILKINSON, March 3, 1972:

This is an action in Equity to enjoin the granting of a license to operate a nursing home or revoke such license if issued. The fundamental question involved is the validity of the zoning where the nursing home will be operated. With either supreme confidence or reckless abandon the intervening defendants have constructed what is referred to as a Two Million Dollar nursing home while plaintiffs have contested the validity...

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