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J.B. STEVEN, INC. v. BOARD OF COM'RS

164 Pa.Commw. 315 (1994)

643 A.2d 142

J.B. STEVEN, INC., Appellant, v. The BOARD OF COMMISSIONERS OF WILKENS TOWNSHIP and Philip R. Dodge, Building Inspector of the Township of Wilkens. J.B. STEVEN, INC., Appellant, v. COUNCIL OF the MUNICIPALITY OF PENN HILLS, the Municipality of Penn Hills, and Howard Davidson, Director, Department of Planning & Economic Development.

Commonwealth Court of Pennsylvania.

Decided May 25, 1994.

Reargument Denied July 20, 1994.

Petition for Allowance of Appeal Denied December 2, 1994.

Attorney(s) appearing for the Case

Victor R. Delle Donne, for appellant.

Edward E. Miller, for appellees Board of Com'rs of Wilkens Tp. and Philip R. Dodge.

William R. Sittig, Jr., for appellees Council of Municipality of Penn Hills et al.

Before McGINLEY and FRIEDMAN, JJ., and RODGERS, Senior Judge.

RODGERS, Senior Judge.

J.B. Steven, Inc. (JBS) appeals from two orders of the Court of Common Pleas of Allegheny County that sustained the preliminary objections of the Municipality of Penn Hills and Wilkens Township and dismissed JBS' complaints in mandamus and actions for declaratory relief (equity actions). The cases were consolidated for the purposes of argument to this Court.

JBS, a company that...

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