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WOLGEMUTH ET AL. v. KLEINFELTER ET UX.

No. 2838 C.D. 1980.

63 Pa.Commw. 395 (1981)

Galen H. Wolgemuth, Lloyd G. Grander and Daniel L. Leib, Board of Supervisors, Heidelberg Township, Lebanon County, Pa., Appellants v. Ralph R. Kleinfelter and Janet E. Kleinfelter, his wife, Appellees.

Commonwealth Court of Pennsylvania.

December 23, 1981.

Attorney(s) appearing for the Case

Robert C. Rowe, for appellants.

Kenneth C. Sandoe, with him Robert J. Eby, Steiner & Eby, for appellees.

Argued September 18, 1981, before Judges ROGERS, WILLIAMS, JR. and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE PALLADINO, December 23, 1981:

This is an appeal by the Board of Supervisors, Heidelberg Township (Board) from an order of the Court of Common Pleas of Lebanon County dismissing the Board's Motion to Open Peremptory Judgment. We reverse and remand.

On August 20, 1976, Appellees Ralph R. and Janet E. Kleinfelter filed a complaint in mandamus against the Board seeking to compel approval...

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