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BISHOP, ALTOONA-JOHNSTOWN v. STATE COLLEGE

46 Pa. D. & C. 2d 787 (1969)

Bishop of the Diocese of Altoona-Johnstown v. State College Borough

Common Pleas Court of Centre County, Pennsylvania.

February 14, 1969.

Attorney(s) appearing for the Case

S. Paul Mazza, for appellant.

Robert K. Kistler, of Miller, Kistler, Lee & Campbell, for appellee.

John L. Geiser, of Litke, Gettig, Flood & Geiser, for intervenors.

CAMPBELL, P. J., February 14, 1969.

This case presents three questions for the court's determination:

1. May a borough legally require an owner of two or more adjacent lots to submit an application for approval to consolidate them prior to their use for a single purpose?

2. If so, may a borough refuse the owner the right to consolidate the lots into one?

3. If so, did the borough abuse its discretion in refusing to do so in this case?

...

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