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MIDDLE PAXTON TWP. v. SWEITZER

No. 612 C.D. 1975.

23 Pa.Commw. 59 (1976)

Middle Paxton Township, Appellant v. Ernest W. Sweitzer, Appellee.

Commonwealth Court of Pennsylvania.

January 20, 1976.

Attorney(s) appearing for the Case

Jeffrey A. Ernico, with him Yoffe & Ernico, for appellant.

Robert A. Enders, for appellee.

Argued December 5, 1975, before Judges KRAMER, WILKINSON, JR. and ROGERS, sitting as a panel of three.

OPINION BY JUDGE ROGERS, January 20, 1976:

The demurrer of Ernest W. Sweitzer to Middle Paxton Township's Complaint in Equity was sustained in the court below and the Township has appealed.

The complaint alleges that Mr. Sweitzer owns a lot in a subdivision which had been approved pursuant to the Township's Subdivision and Land Development Ordinance; that Mr. Sweitzer commenced construction of a two...

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