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THROOP BOROUGH COUNCIL v. THROOP PROP. OWNERS ASSOCIATION

709 A.2d 950 (1998)

The THROOP BOROUGH COUNCIL v. The THROOP PROPERTY OWNERS ASSOCIATION, Appellant.

Commonwealth Court of Pennsylvania.

Decided February 26, 1998.

Attorney(s) appearing for the Case

Edward S. Neyhart, Scranton, for appellant.

Joseph G. Price, Scranton, for appellee.

Before COLINS, President Judge, and DOYLE, McGINLEY, SMITH, FRIEDMAN and FLAHERTY, JJ.

DOYLE, Judge.

The Throop Property Owners Association (the Association) appeals from the June 25, 1996 order of the Court of Common Pleas of Lackawanna County which denied its cross-motion for summary judgment and granted summary judgment in favor of the Throop Borough Council (Borough Council). We reverse.

On July 17, 1989, the Borough of Throop, through Borough Council, the Association, and Keystone Landfill, Inc...

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