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SOLTIS, ET AL. v. HANOVER ASSOCIATES

No. 833 C.D. 1975.

22 Pa.Commw. 637 (1976)

John Soltis and Eleanor Soltis, his wife; Joseph Warmus and Johanna Warmus, his wife; and Carl DeRocco and Rosalie DeRocco, his wife v. Hanover Associates, a limited partnership, Appellant.

Commonwealth Court of Pennsylvania.

January 14, 1976.

Attorney(s) appearing for the Case

Lee Kozal, with him Morris Gerber; Marc D. Jonas; Gerber, Davenport & Wilenzik; Shea, Shea & Caputo; and Friedman & Atherton, for appellant.

Patrick E. Dougherty, with him Hourigan, Kluger & Spohrer; William C. Costopoulos; and Kollas & Costopoulos, for appellee.

Argued October 28, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE ROGERS, January 14, 1976:

This is an appeal from an order of a chancellor of the Court of Common Pleas of Luzerne County granting a preliminary injunction restraining the appellant, Hanover Associates, from constructing a 200 unit multi-family project on land in Hanover Township. The plaintiff below, the appellees here, are the owners of dwelling houses located adjacent to or near the project. Their complaint avers that Hanover Associates did not...

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