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GENERAL ST. AUTH. v. BORO. OF MOOSIC

Original jurisdiction, No. 241 C.D. 1973.

10 Pa.Commw. 270 (1973)

The General State Authority, Plaintiff, v. The Borough of Moosic, The Borough of Moosic Zoning Board of Adustment, Stanley E. Ziloski, Defendants.

Commonwealth Court of Pennsylvania.

October 11, 1973.

Attorney(s) appearing for the Case

Carlon M. O'Malley, Jr., with him O'Malley & Teets, for plaintiff.

John J. Brier, with him Beemer, Brier, Rinaldi and Fendrick, for defendants.

Argued September 5, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE WILKINSON, October 11, 1973:

Plaintiff, The General State Authority, brings this action in mandamus to compel the defendants to issue a building permit on an application filed. The application was for a permit to construct a correctional institution for the Department of Justice of the Commonwealth.

The zoning officer referred the application to the Zoning Board of Adjustment. The Board...

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