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KARL SMITH DEV. v. B. OF ASPINWALL

No. 632 C.D. 1988.

125 Pa.Commw. 687 (1989)

558 A.2d 181

Karl Smith Development Company, Appellant v. Borough of Aspinwall, Robert T. Mulvihill, Chairman of the Planning Commission, and G. James Haberman, President of the Council of said Borough, Appellees.

Commonwealth Court of Pennsylvania.

May 10, 1989.

Attorney(s) appearing for the Case

Eugene A. Lincoln, for appellant.

Robert L. Byer, with him, Blaine A. Lucas, Eileen R. Sisca, Eckert, Seamans, Cherin & Mellott, for appellees.

Argued February 10, 1989, before Judges BARRY and SMITH, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY SENIOR JUDGE NARICK, May 10, 1989:

Karl Smith Development Company (Appellant) has appealed from an order of the Court of Common Pleas of Allegheny County.

The complicated procedural history giving rise to this appeal is as follows. In July of 1983, Appellant filed an action in mandamus in the court of common pleas. The complaint alleged that the Borough of Aspinwall, Robert T. Mulvihill...

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