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FRANKLIN L. CO. ET AL. v. BORO. OF FOX CHAPEL

No. 2251 C.D. 1976.

32 Pa.Commw. 478 (1977)

Franklin Land Company and John Hobart Miller, Inc. v. Borough of Fox Chapel, Appellant.

Commonwealth Court of Pennsylvania.

November 23, 1977.

Attorney(s) appearing for the Case

A. Bruce Bowden, with him John R. Johnson, and Buchanan, Ingersoll, Rodewald, Kyle & Buerger, for appellant.

T. Lawrence Palmer, with him Jay D. Glasser, and Hollinshead and Mendelson, for appellees.

Argued November 3, 1977, before Judges WILKINSON, JR. and ROGERS, sitting as a panel of two.

OPINION BY JUDGE WILKINSON, JR., November 23, 1977:

This appeal follows the granting of a preliminary injunction by the court below. This injunction prohibits the appellant Borough of Fox Chapel (Borough) from interfering with the appellees' ingress and egress to and from their property in Harmar Township (Township) over a street located in the Borough, known as Sweet Gum Road. The Borough was further ordered to remove any obstructions which existed upon that road...

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