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OLIASTRO v. BOROUGH OF ELLWOOD CITY

337 Pa.Super. 181 (1984)

486 A.2d 966

Anthony R. OLIASTRO, Rocco Cusato and Nick A. Frisk, Jr., Esq. v. BOROUGH OF ELLWOOD CITY. Appeal of Nick A. FRISK, Jr., Esq.

Supreme Court of Pennsylvania.

Filed December 31, 1984.

Reargument Denied February 7, 1985.

Attorney(s) appearing for the Case

Scott L. Melton, Conway, for appellants.

Edward Leymarie, Jr., Ellwood City, for appellee.

Before ROWLEY, TAMILIA and HESTER, JJ.

HESTER, Judge:

In 1961, Anthony Oliastro and Rocco Cusato owned several earth-moving vehicles used in their excavating business in Beaver County. The vehicles were parked across from Oliastro's residence on Summit Avenue which prompted the filing of frequent complaints by neighbors with the Borough of Ellwood City (hereinafter "appellee").

Although the vehicles were parked legally, appellee encouraged Oliastro and Cusato to move them to a large tract of land...

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