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MONESSEN v. BELMAR LAND DEV. CO., INC.

Appeal No. 252 C.D. 1971.

2 Pa.Commw. 484 (1971)

Monessen v. Belmar Land Development Co., Inc., and National Development Corporation.

Commonwealth Court of Pennsylvania.

July 9, 1971.

Attorney(s) appearing for the Case

Albert C. Gaudio, for appellant.

Jerome M. Libenson, with him David W. Craig, Harold Gondelman, and Baskin, Boreman, Wilner, Sachs, Gondelman & Craig, for appellees.

Argued June 3, 1971, before President Judge BOWMAN, and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER and ROGERS. Judge MANDERINO disqualified himself.

OPINION BY JUDGE ROGERS, July 9, 1971:

This appeal by the City of Monessen is from a summary judgment in mandamus commanding the appropriate city officials to issue building permits, accept bond and permit recording of subdivision plans for a low income housing development.

Belmar Land Development Company, Inc. and National Development Corporation, appellees, are respectively owner and developer of a parcel of land located in an R-1 one-family residence district...

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