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LINDY HOMES, INC. v. SABATINI

No. 1374 C.D. 1976.

42 Pa.Commw. 600 (1979)

Lindy Homes, Inc. v. Dominic Sabatini, Commissioner, Department of Licenses and Inspections, City of Philadelphia, Appellant.

Commonwealth Court of Pennsylvania.

May 16, 1979.

Attorney(s) appearing for the Case

Barbara S. Gilbert, Deputy City Solicitor, with her Stephen A. Arinson, Chief Deputy City Solicitor, and Sheldon L. Albert, City Solicitor, for appellant.

Victor Wright, with him, of counsel, Fox, Rothschild, O'Brien & Frankel, for appellee.

Argued April 7, 1978, before Judges CRUMLISH, JR., MENCER and ROGERS, sitting as a panel of three. Reargued April 3, 1979, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, DiSALLE, CRAIG and MacPHAIL. Judges ROGERS and BLATT did not participate.

OPINION BY JUDGE MENCER, May 16, 1979:

Dominic Sabatini, the Commissioner of the Philadelphia Department of Licenses and Inspections (Commissioner) appeals from an order of the Court of Common Pleas of Philadelphia County directing the issuance of a peremptory writ of mandamus to compel the reinstatement of revoked zoning and building permits issued to Lindy Homes, Inc. (Lindy). Since Lindy had another adequate...

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