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TP. OF UPPER ST. CLAIR v. N.R. PORTER

127 Pa.Commw. 313 (1989)

561 A.2d 851

TOWNSHIP OF UPPER ST. CLAIR, a Home Rule Municipality of the Commonwealth of Pennsylvania, Appellant, v. N.R. PORTER AND ASSOCIATES, a limited partnership, Appellee.

Commonwealth Court of Pennsylvania.

Decided July 12, 1989.

Attorney(s) appearing for the Case

Mark J. Christman, Robert N. Hackett, Robert N. Hackett & Associates, Pittsburgh, for appellant.

D. Michael Fisher, Houston Harbaugh, Pittsburgh, for appellee.

Before BARRY, McGINLEY and SMITH, JJ.

OPINION

BARRY, Judge.

The Township of Upper St. Clair appeals a decree of the Court of Common Pleas of Allegheny County which denied its motion for a preliminary injunction. The Township was attempting to enjoin N.R. Porter & Associates, the landowner, from allegedly violating the Township's zoning ordinance.

In 1981, the Township passed an ordinance approving the building of a small mall which is the subject of this litigation. One of the conditions...

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