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MIDDLETOWN TWP. et al. v. DEL. CO. I.D.

450 Pa. 282 (1973)

Middletown Township et al., Appellants, v. Delaware County Institution District.

Supreme Court of Pennsylvania.

January 19, 1973.

Attorney(s) appearing for the Case

John W. Nilon, Jr., with him Rodger L. Mutzel, and Kassab, Cherry & Archbold, for appellants.

Francis P. Connors, with him Levis, Connors & Swanick, for appellee.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION BY MR. JUSTICE ROBERTS, January 19, 1973:

This is an appeal by the Township of Middletown from the decision of the Commonwealth Court affirming the order of summary judgment directing the Township to issue a building permit to plaintiff-appellee, Institution District of Delaware County. The issue presented is whether the Township of Middletown [Township], through its Board of Supervisors, has zoning jurisdiction, and...

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