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W. MIFFLIN BORO. v. O'TOOLE

218 Pa.Super. 146 (1971)

West Mifflin Borough, Appellant, v. O'Toole.

Superior Court of Pennsylvania.

March 23, 1971.

Attorney(s) appearing for the Case

John A. Metz, Jr., with him Henry G. Beamer, and Richard G. Zeleznik, Borough Solicitor, for appellant.

Helen M. Witt, with her Edward A. Witt, and Cleland, Hurtt and Witt, for appellees.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and CERCONE, JJ.

OPINION PER CURIAM, March 23, 1971:

Order affirmed.

DISSENTING OPINION BY MONTGOMERY, J.:

This case involves the vital question of when a municipality can be estopped from liening real property benefited by improvements made by it. I dissent from the action of the majority in affirming the lower court since, in my opinion, this is not a factual situation in which an estoppel can be invoked.

This is an action of Scire Facias sur Municipal Claim...

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