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SWEIGART v. BORO OF EPHRATA, ET AL.

No. 1346 C.D. 1974.

21 Pa.Commw. 280 (1975)

Ralph H. Sweigart, Appellant, v. Borough of Ephrata and Carl W. Fuehrer, Borough Manager, Appellees.

Commonwealth Court of Pennsylvania.

October 1, 1975.

Attorney(s) appearing for the Case

Richard P. Nuffort, with him Geisenberger, Zimmerman, Pfannebecker & Gibbel, for appellant.

Christopher S. Underhill, with him Windolph, Burkholder & Hartman, for appellees.

Argued September 11, 1975, before Judges CRUMLISH, JR., WILKINSON, JR. and ROGERS, sitting as a panel of three.

OPINION BY JUDGE ROGERS, October 1, 1975:

Pursuant to the powers delegated by Article XVIII of the Borough Code, Act of February 1, 1966, P.L. (1965) 1656, 53 P.S. §§ 46801 through 46806, the Borough of Ephrata, Lancaster County, enacted an ordinance requiring property owners to construct sidewalks when directed to do so by Borough Council and providing that in the event of the owner's failure to do so the Borough would have the work done at the owner's...

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