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PERLSTEIN v. BORO. OF MONROEVILLE

No. 1038 C.D. 1975.

25 Pa.Commw. 489 (1976)

Alfred Perlstein v. Borough of Monroeville. Alfred Perlstein, Appellant.

Commonwealth Court of Pennsylvania.

July 29, 1976.

Attorney(s) appearing for the Case

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

John D. Finnegan, with him Martin and Finnegan, for appellee.

Argued May 3, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS and BLATT. Judge KRAMER did not participate.

OPINION BY JUDGE ROGERS, July 29, 1976:

This appeal presents a factual situation very close to that of In Re: Appeal of FPA Corporation, 25 Pa.Commw. 221, A.2d (1976), except that in the instant case the lower court sustained a borough's refusal to adopt a curative amendment proposed by a landowner, challenging the validity of a borough's ordinance, whereas in FPA Corporation the lower court allowed the landowner...

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