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BOROUGH of ASHLAND APPEAL

No. 298 C.D. 1986.

103 Pa.Commw. 573 (1987)

520 A.2d 966

In Re: Ordinance Number 85-2 of The Borough of Frackville, Schuylkill County, Pennsylvania. Borough of Ashland, Appellant.

Commonwealth Court of Pennsylvania.

February 10, 1987.

Attorney(s) appearing for the Case

Jens H. Damgaard, with him, Jan P. Paden, Rhoads & Sinon, and S. John Price, Jr., for appellant.

Paul Domalakes, with him, John E. Domalakes, Rubright, Domalakes, Troy & Miller, for appellees.

Argued November 21, 1986, before Judges MacPHAIL and PALLADINO, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, February 10, 1987:

The Borough of Ashland (Ashland) appeals from an order of the Court of Common Pleas of Schuylkill County which sustained the preliminary objections of the Borough of Frackville (Frackville) to a complaint filed by Ashland. We affirm.

Ashland commenced its action under the authority of Section 1010 of The Borough Code, Act of February 1, 1966, P.L. (1965) 1656, as amended, 53 P.S. §46010, which provides...

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