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NESHANNOCK T. v. MUSGUIRE ET AL.

No. 2838 C.D. 1983.

86 Pa.Commw. 246 (1984)

Neshannock Township, Lawrence County, Pennsylvania v. Gary Musguire et al., Gary Musguire, Appellant.

Commonwealth Court of Pennsylvania.

December 3, 1984.

Attorney(s) appearing for the Case

Dina G. McIntyre, McIntyre & McIntyre, for appellant.

Dominick Motto, Chambers, Nicolls, Balph, Paul & Motto, for appellee.

Submitted on briefs October 19, 1984, to Judges CRAIG, DOYLE and COLINS, sitting as a panel of three.

OPINION BY JUDGE CRAIG, December 3, 1984:

Landowner Gary Musguire appeals an order of the Court of Common Pleas of Lawrence County, sitting en banc, which dismissed his exceptions to the decree nisi of Judge CAIAZZA, as chancellor, enjoining Musguire and Donald Nelson from operating a motor vehicle racing facility on property owned by them in Neshannock Township.

We must determine whether a commercial racetrack constitutes a "recreation ground," public or...

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