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KIRK ET AL. v. SMAY.

No. 891 C.D. 1976.

28 Pa.Commw. 13 (1976)

Edward J. Kirk and Eva A. Kirk, husband and wife, individuals, and PBS, Inc., Appellants v. Robert Smay, Borough Manager, Borough of Hellertown, Appellee.

Commonwealth Court of Pennsylvania.

December 22, 1976.

Attorney(s) appearing for the Case

Cregg E. Mayrosh, with him Cohn & Mayrosh, for appellants.

Donald B. Corriere, with him Haber and Corriere, for appellees.

Argued October 4, 1976, before Judges MENCER, ROGERS and BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, December 22, 1976:

The appellants1 here filed an action in mandamus with the Court of Common Pleas of Northampton County requesting that the court order Robert Smay, zoning officer of the Borough of Hellertown (Borough), to issue a building permit to them. The court sustained the appellee's preliminary objections, dismissed the complaint and this appeal followed.

The appellants wanted to build a medical...

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