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KATZEN v. KAROLESKI ET AL.

No. 2789 C.D. 1983.

88 Pa.Commw. 598 (1985)

Marcus Katzen, Appellant v. Leo Karoleski, Mayor, et al., Appellees.

Commonwealth Court of Pennsylvania.

April 17, 1985.

Attorney(s) appearing for the Case

Bruce E. Cooper, for appellant.

Toni M. Cherry, with her, Edward V. Cherry, for appellees.

Argued March 11, 1985, before Judges CRAIG, COLINS and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE PALLADINO, April 17, 1985:

Marcus Katzen (Appellant) appeals from an order of the Court of Common Pleas of Clearfield County (trial court) which sustained preliminary objections of the Appellees, the Mayor and members of the City Council of the City of DuBois, and dismissed Appellant's complaint in equity. We reverse and remand.

The City of DuBois is the owner of a parcel of real estate currently being used as a municipal parking lot. During...

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