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PETITION OF BOROUGH OF WESTMONT

131 Pa.Commw. 530 (1990)

570 A.2d 1382

In the Matter of Petition of the BOROUGH OF WESTMONT to Receive Court Approval to Sell Lots 20 and 21 in Block 40 on the Plan of Westmont Known as the Old Fire Hall on Dartmouth Avenue. Appeal of James Francis O'MALLEY and Jean O'Malley.

Commonwealth Court of Pennsylvania.

Decided March 1, 1990.

Attorney(s) appearing for the Case

Margaret A. O'Malley, with her, James Francis O'Malley, Yost and O'Malley, Johnstown for appellants.

Martin Nadorlik, pro se.

Martin Nadorlik, for appellee Patricia Nadorlik.

Before CRAIG and PALLADINO, JJ., and NARICK, Senior Judge.

CRAIG, Judge.

James and Jean O'Malley appeal a decision of the Court of Common Pleas of Cambria County that removed a municipal purpose restriction imposed on two adjacent lots, upon which the Borough of Westmont's former municipal building is situated, and placed a permanent restriction on the lots that limited the use of the lots to single-family dwellings.

In 1915 and 1924, Cambria Iron Company, now known as Bethlehem Steel Company, conveyed the two lots...

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