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

No. 1664 C.D. 1975.

26 Pa.Commw. 245 (1976)

Jared A. Cooper With Boron Oil Company, a Corporation v. The City of Greensburg and The Zoning Officer of the City of Greensburg v. 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; Paul G. Nolder and Donna L. Nolder, His Wife; William B. Sautter and Alice I. Sautter, His Wife. William B. Courtney et al., Appellants.

Commonwealth Court of Pennsylvania.

September 8, 1976.

Attorney(s) appearing for the Case

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

Charles F. Wade, with him Thomas R. Ceraso, for appellee.

Argued May 4, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS and BLATT. Judge KRAMER did not participate.

OPINION BY JUDGE CRUMLISH, JR., September 8, 1976:

For the past nine years, Jared A. Cooper and the City of Greensburg (City) have been engaged in litigation over Cooper's right to construct a gasoline station on land which he owns in the City. Hopefully, this will be the last chapter in that struggle.

Presently before us is the City's appeal from an order of the Court of Common Pleas of Westmoreland

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