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FOLTZ, JR. v. MONROEVILLE et al. & BORDEN et al.

Appeal, No. 536 C.D. 1971.

5 Pa.Commw. 304 (1972)

Foltz, Jr. v. Monroeville, et al., and Borden, et al., Intervenors.

Commonwealth Court of Pennsylvania.

May 3, 1972.

Attorney(s) appearing for the Case

Richard L. Rosenzweig, with him Rosenzweig & Rosenzweig, for appellants.

David W. Craig, with him Baskin, Boreman, Wilner, Sachs, Gondelman and Craig, for appellee.

Jerome M. Meyers, with him Meyers & Keyser, for intervenors.

Argued February 22, 1972, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE CRUMLISH, JR., May 3, 1972.

The Borough of Monroeville, its Planning Commission, its Zoning Officer and its Borough Manager, defendants below, appeal to us the order of summary judgment in mandamus by the Court of Common Pleas of Allegheny County. Appellee, James Foltz, Jr., in mandamus sought to compel the issuance of building permits. Intervening appellants who are residents of the neighborhood where Foltz's proposed commercial

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