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HARASTY v. BORO. OF WEST BROWNSVILLE

No. 927 C.D. 1979.

50 Pa.Commw. 186 (1980)

Charles Harasty, t/d/b/a Harasty Coal Company, Appellant v. Borough of West Brownsville, a municipal corporation, Appellee.

Commonwealth Court of Pennsylvania.

March 21, 1980.

Attorney(s) appearing for the Case

David S. Posner, for appellant.

Grayce R. Kovacs, with her D. Keith Melenyzer, for appellee.

Argued December 6, 1979, before Judges WILKINSON, JR., ROGERS and BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, March 21, 1980:

Charles Harasty (appellant) appeals here from an order of the Court of Common Pleas of Washington County which affirmed its decree nisi dismissing his case against the Borough of West Brownsville (Borough).

The appellant brought an equity action seeking to enjoin enforcement of the Borough's vehicle-weight-limit ordinance, which restricts the gross weight of any vehicle operated on Borough streets to 16,000 pounds or...

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