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  5. 91 Pa.Commw. 417 (1985)
 

BORO. OF FRANKLIN PK. v. ATLAS D. CO. ET AL.

No. 1610 C.D. 1984.

91 Pa.Commw. 417 (1985)

Borough of Franklin Park, Appellant v. Atlas Development Company and J. Richard Porter and Elizabeth Porter, his wife, Appellees.

Commonwealth Court of Pennsylvania.

August 29, 1985.

Attorney(s) appearing for the Case

William W. Milnes, Brandt, Milnes & Rea, for appellant.

James H. Joseph, James H. Joseph, P.C., for appellees.

Argued March 14, 1985, before Judges DOYLE and PALLADINO, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE DOYLE, August 29, 1985:

The Borough of Franklin Park (Borough) appeals the order of the Court of Common Pleas of Allegheny County sustaining the appeal of Atlas Development Company (Atlas) and J. Richard Porter and Elizabeth Porter (the Porters) from the decision of the Borough Council to reject Atlas' preliminary subdivision plan (Plan). The trial court's order further required that Atlas' Plan not be rejected for failure to

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