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SUBURBAN GROUP INC. v. GITTINGS, ET AL.

No. 1425 C.D. 1974.

22 Pa.Commw. 295 (1975)

Suburban Group, Inc., A Pennsylvania Corporation v. Robert D. Gittings, Code Enforcement Officer of The Township of Franklin and Township of Franklin, A Pennsylvania Municipality, and the Board of Supervisors of The Township of Franklin, Appellants.

Commonwealth Court of Pennsylvania.

December 10, 1975.

Attorney(s) appearing for the Case

Henry A. Hudson, Jr., with him Hudson and Harr, for appellants.

B. Earnest Long, with him Robinson, Fisher, Long & Rigone, for appellee.

Argued October 27, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE ROGERS, December 10, 1975:

The Township of Franklin, Westmoreland County, and the Township's Code Enforcement Officer have appealed from an order of the Court of Common Pleas of that County directing them to issue a permit to erect a dwelling house on a parcel of land containing 10.002 acres. After thoughtful consideration, we have concluded that the lower court's order should be vacated on the ground that the court had no jurisdiction.

It...

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