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McCARTHY et al. v. TWP. OF McCANDLESS

Appeal, No. 356 C.D. 1972.

7 Pa.Commw. 611 (1973)

McCarthy, et al. v. Township of McCandless.

Commonwealth Court of Pennsylvania.

February 27, 1973.

Attorney(s) appearing for the Case

James W. Dunn, Jr., for appellant.

John A. Robb, with him Royston, Robb, Leonard, Edgecombe, Miller & Urbanik, for appellees.

Argued November 1, 1972, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE MENCER, February 27, 1973:

On November 27, 1967, the Board of Commissioners (hereinafter Board) of the Township of McCandless (hereinafter Township), Allegheny County, passed Ordinance No. 485 which authorized the grading paving, curbing, and drainage of Belvedere Road and portions of Center Oak Drive and Albemarle Road (now collectively known as Center Oak Drive). Section 2 of that ordinance provided: "Upon completion of the said improvement, the...

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