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BOROUGH OF BROOKHAVEN v. BP OIL CO.

No. 25 C.D. 1979.

48 Pa.Commw. 128 (1979)

Borough of Brookhaven, Appellant v. BP Oil Company, Appellee.

Commonwealth Court of Pennsylvania.

December 20, 1979.

Attorney(s) appearing for the Case

James P. Gannon, with him Beagan, Gannon and Barnard, for Appellant.

Reese A. Davis, with him Greenwell, Porter, Smaltz & Royal, for Appellee.

Argued October 4, 1979, before Judges MENCER, BLATT and CRAIG, sitting as a panel of three.

OPINION BY JUDGE MENCER, December 20, 1979:

At issue here is whether the Borough of Brookhaven (Brookhaven) is entitled to recover $720 in solicitor fees incurred by the Brookhaven Zoning Hearing Board (Board) in processing the application of BP Oil Company (BP) for a special exception and variance. The Court of Common Pleas of Delaware County entered judgment in favor of BP and against Brookhaven on BP's motion for a judgment on the pleadings and this appeal followed...

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