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TWP. OF LOWER ALLEN v. COMMONWEALTH

Original jurisdiction, No. 345 C.D. 1973.

10 Pa.Commw. 272 (1973)

Township of Lower Allen, Plaintiff, v. Commonwealth of Pennsylvania: Milton J. Shapp, Governor; Israel Packel, Attorney General; Allyn R. Sielaff, Commissioner of Bureau of Correction; Stewart H. Werner, Deputy Commissioner; Ernest S. Patton, Superintendent, State Correctional Institution at Camp Hill, Pa., Defendants.

Commonwealth Court of Pennsylvania.

October 11, 1973.

Attorney(s) appearing for the Case

Robert E. Yetter, with him Metzger, Wickersham, Knauss & Erb, for plaintiff.

J. Andrew Smyser, Deputy Attorney General, with him Benjamin Lerner, Deputy Attorney General, and Israel Packel, Attorney General, for defendants.

Argued September 6, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE WILKINSON, October 11, 1973:

Plaintiff, a first-class township, brings this action against the Commonwealth of Pennsylvania, seeking an injunction to prevent the establishment of a trailer camp or trailer park on property owned by the Commonwealth within the Township upon which is operated and maintained a State correctional institution. The zoning ordinance established by plaintiff provides that the area in which this tract is located is classified...

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