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BORO. OF DICKSON CITY v. MALLEY

No. 2913 C.D. 1984.

94 Pa.Commw. 386 (1986)

The Borough of Dickson City, Pennsylvania, Appellant v. Joseph Malley, Administrator of the Estate of Chrestina Malley, his wife, deceased, Appellee.

Commonwealth Court of Pennsylvania.

January 28, 1986.

Attorney(s) appearing for the Case

John P. Pesota, for appellant.

Myles R. Wren, Nogi, O'Malley, Harris & Schneider, for appellee.

Argued June 7, 1985, before Judges DOYLE and PALLADINO, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE PALLADINO, January 28, 1986:

The Borough of Dickson City (Borough) appeals from a decision of the Court of Common Pleas of Lackawanna County (trial court) which dismissed the Borough's preliminary objections to a Petition for Appointment of a Board of View (Petition) filed by Appellee, Joseph Malley.

Appellee's property is located at the corner of Pancost Street and Throop Street in the Borough. Appellee's house fronts on Pancost Street and...

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