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B. OF TUNKHANNOCK v. C. OF WYOMING

No. 3770 C.D. 1984.

96 Pa.Commw. 243 (1986)

507 A.2d 438

Borough of Tunkhannock, and Donald C. Harding, Jr., and Gerald S. Morgan, Individually and as Councilmen v. County of Wyoming, and Harold Grow, Robert V. Barziloski and Richard Fitzsimmons, Individually and as Commissioners. The Borough of Tunkhannock, Appellant.

Commonwealth Court of Pennsylvania.

April 3, 1986.

Attorney(s) appearing for the Case

John F. Morgan, for appellant.

William W. Warren, Jr., Gelb, Myers, Bishop & Warren, for appellees.

Argued November 12, 1985, before President Judge CRUMLISH, JR., Judge COLINS, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY SENIOR JUDGE BARBIERI, April 3, 1986:

The Borough of Tunkhannock (Borough) and Donald Harding, Jr. and Gerald S. Morgan (hereinafter collectively referred to as Appellants), individually and as Councilmen, appeal here the final decree of the Wyoming County Court of Common Pleas dismissing Appellants' exceptions and refusing to enjoin the County of Wyoming (County) from expanding the county prison, a pre-existing non-conforming use, because of non-compliance...

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