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BROSE ET AL. v. EASTON PARKING AUTH. ET AL.

No. 1891 C.D. 1978.

44 Pa.Commw. 24 (1979)

E. Jerome Brose, Frank A. Poswistilo and Karl K. LaBarr, Jr., Appellants v. Easton Parking Authority and the City of Easton, Appellees.

Commonwealth Court of Pennsylvania.

July 3, 1979.

Attorney(s) appearing for the Case

Thomas R. Elliott, with him E. Jerome Brose, and Brose, Poswistilo & Kreglow, for appellants.

Robert A. Freedberg, Assistant City Solicitor, City of Easton, for appellees.

Argued April 5, 1979, before Judges BLATT, DiSALLE and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, July 3, 1979:

Appellants E. Jerome Brose, Frank Poswistilo, and Karl K. LaBarr, Jr. appeal to this Court from a decision of the Court of Common Pleas of Northampton County sitting in Equity refusing to remove a nonsuit entered against them. The only issue raised by Appellants is whether the City of Easton (City) has the power to construct commercial retail and office space and lease the same to private users. The Chancellor held that the...

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