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WAGONHOFFER v. PHILA. BD. OF L. & I. REV.

No. 33 C.D. 1977.

35 Pa.Commw. 440 (1978)

George Wagonhoffer et al. v. Philadelphia Board of License and Inspection Review and Louis J. Gagliardi. William McDowell, Appellant.

Commonwealth Court of Pennsylvania.

May 22, 1978.

Attorney(s) appearing for the Case

William McDowell, with him Stephen P. Ulan, for appellant.

Agostino Cammisa, Assistant City Solicitor, with him James M. Penny, Jr., Deputy City Solicitor, Stephen Arinson, Chief Deputy City Solicitor, and Sheldon L. Albert, City Solicitor, for appellee.

Argued April 7, 1978, before Judges WILKINSON, JR., BLATT and DiSALLE, sitting as a panel of three.

OPINION BY JUDGE DiSALLE, May 22, 1978:

This is an appeal from a decision of the Court of Common Pleas of Philadelphia County dismissing the complaint in mandamus brought by George Wagonhoffer (Appellant) against the Philadelphia Board of License and Inspection Review (Board). The lower court sustained the preliminary objections filed by the Board to Appellant's complaint, holding that mandamus did not lie where statutory remedies were available to Appellant.

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