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DELAWARE I. DIST. v. MIDDLETOWN TWP. et al.

Appeal, No. 1117 C.D. 1971.

6 Pa.Commw. 146 (1972)

Delaware Institution District v. Middletown Township, et al.

Commonwealth Court of Pennsylvania.

July 18, 1972.

Attorney(s) appearing for the Case

Rodger L. Mutzel, with him John W. Nilon, Jr., and Kassab, Cherry, Curran & Archbold, for appellants.

Francis P. Connors, with him Levis, Connors & Swanick, for appellee.

Argued June 7, 1972, before Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT. President Judge BOWMAN did not participate.

OPINION BY JUDGE ROGERS, July 18, 1972:

The appellee, The Delaware County Institution District, the owner of 210 acres of land located in the appellant Township of Middletown, desires, with the approval of the Commonwealth Departments of Public Welfare and Labor and Industry, to erect on less than an acre of its land an urgently needed geriatric care center. The proposed new facility would be 14 stories and 197 feet in height. The Township of Middletown has imposed...

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