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TOWNSHIP OF EAST TAYLOR v. SPANKO

128 Pa.Commw. 24 (1989)

562 A.2d 962

TOWNSHIP OF EAST TAYLOR, a Pennsylvania Municipality, Appellant, v. Robert S. SPANKO and Mary Ann Spanko, husband and wife, Appellees.

Commonwealth Court of Pennsylvania.

Decided August 2, 1989.

Petition for Allowance of Appeal Denied December 18, 1989.

Attorney(s) appearing for the Case

James R. DiFrancesco, Johnstown, for appellant.

William Gleason Barbin, Gleason, DiFrancesco, Shahade Barbin & Markovitz, Johnstown, for appellees.

Before COLINS and McGINLEY, JJ., and BARBIERI, Senior Judge.

COLINS, Judge.

The Township of East Taylor (Township) appeals from an order of the Court of Common Pleas of Cambria County dated November 30, 1988 which dismissed the Township's complaint and denied the Township's motion for judgment on the pleadings and granted Robert F. and Mary Ann Spanko's (Spankos) motion for judgment on the pleadings.

The Spankos applied for a building permit on May 25, 1986 to install a swimming pool on their property located at 1595...

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