CITY OF GREENSBURG ET AL. v. COOPER ET AL.

No. 1698 C.D. 1973.

14 Pa.Commw. 419 (1974)

The City of Greensburg and the Zoning Officer of the City of Greensburg, Appellants, and William B. Courtney and Elizabeth K. Courtney, his wife, Harry Daniels, Rae M. Daniels, William T. Dom, III, and Margaret B. Dom, his wife, Elwood S. Baker and Martha J. Baker, his wife, Bernard P. Walker and Beverly J. Walker, his wife, John M. Baceski and Helen M. Baceski, his wife, and Paul G. Nolder and Donna L. Nolder, his wife, and William B. Sautter and Alice I. Sautter, his wife, Intervening Appellants, v. Jared A. Cooper with Boron Oil Company, Appellee.

Commonwealth Court of Pennsylvania.

July 1, 1974.


Attorney(s) appearing for the Case

Joseph B. Mitinger, City Solicitor, for appellants.

A.C. Scales, with him John M. Campfield, for intervening appellants.

Thomas R. Ceraso, for appellee.

Argued May 10, 1974, before Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT. President Judge BOWMAN did not participate.


OPINION BY JUDGE KRAMER, July 1, 1974:

This is an appeal filed by the City of Greensburg and the Zoning Officer of the City of Greensburg (appellants) from an order dated November 30, 1973, of the Court of Common Pleas of Westmoreland County dismissing a petition to open judgment filed by the appellants to an order of summary judgment in mandamus rendered in favor of Jared A. Cooper (Cooper) with Boron Oil Corporation.

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