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NAT'L FUEL G. S. CORP. v. NOWAK

Nos. 1000 C.D. 1985 and 1002 C.D. 1985.

95 Pa.Commw. 443 (1986)

505 A.2d 1097

National Fuel Gas Supply Corporation v. Leonard N. Nowak, Secretary of Erie Zoning Hearing Board and Zoning Officer v. School District of the City of Erie. School District of the City of Erie, Appellant. National Fuel Gas Supply Corporation v. Leonard N. Nowak, Secretary, City of Erie Zoning Hearing Board and Zoning Officer v. School District of the City of Erie. Leonard N. Nowak, Secretary, City of Erie Zoning Hearing Board and Zoning Officer, Appellant.

Commonwealth Court of Pennsylvania.

March 6, 1986.

Attorney(s) appearing for the Case

Lawrence L. Kinter, with him, John W. Beatty, Solicitor, for appellant, School District of the City of Erie.

Gene P. Placidi, City Solicitor, for appellant/appellee, Leonard N. Nowak.

Russell S. Warner, with him, Norman H. Stark, MacDonald, Illig, Jones & Britton, for appellee, National Fuel Gas Supply Corporation.

Argued February 3, 1986, before Judges CRAIG and COLINS, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE CRAIG, March 6, 1986:

Leonard N. Nowak, City of Erie Zoning Officer, and the School District of Erie each appeal from the order of the Court of Common Pleas of Erie County granting summary judgment to National Fuel Gas Supply Corporation (NFG) on its action in mandamus to compel the city to issue a zoning permit to NFG as a result of the city's failure to render a decision on NFG's zoning application within the 45-day period required by section 908...

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