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GASTER v. T. OF NETHER PROVIDENCE

No. 575 C.D. 1988.

124 Pa.Commw. 595 (1989)

556 A.2d 947

Donald Gaster and Mary Ann Gaster, Appellants v. The Township of Nether Providence, Joseph Luglio and Robert Clancey, Appellees.

Commonwealth Court of Pennsylvania.

April 5, 1989.

Attorney(s) appearing for the Case

John W. Nilon, Jr., with him, Lee A. Stivale, Nilon, Paul & Mardinly, for appellants.

John W. Wellman, with him, Denis M. Dunn, Petrikin, Wellman, Damico, Carney & Brown, for appellees.

Argued December 12, 1988, before Judges DOYLE and McGINLEY, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE McGINLEY, April 5, 1989:

Donald and Mary Ann Gaster (Appellants) appeal from an order of the Court of Common Pleas of Delaware County (common pleas court) sustaining the preliminary objections of Nether Providence Township, Joseph Luglio and Robert Clancey (Appellees) and dismissing Appellants' amended complaint in mandamus against Appellees. We affirm.

Appellants own a 44.453 acre tract of land in Nether Providence Township (Township) which...

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