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BD. OF COMRS. OF ANNVILLE TWP. v. LIVENGOOD

No. 513 C.D. 1978.

44 Pa.Commw. 336 (1979)

The Board of Township Commissioners of Annville Township, Appellant v. Bertram W. Livengood, Appellee.

Commonwealth Court of Pennsylvania.

July 19, 1979.

Attorney(s) appearing for the Case

Timothy D. Sheffey, with him Robert W. Feeman, and Egli, Reilly, Wolfson and Feeman, for appellant.

Philip H. Feather and Feather & Feather, for appellee.

Argued June 8, 1979, before Judges WILKINSON, JR., MENCER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, JR., July 19, 1979:

The Board of Commissioners of Annville Township (Township) appeals an order of the Court of Common Pleas of Lebanon County which granted appellee's motion for a summary judgment to a complaint in mandamus and ordered the Township to strike a condition it had placed on its approval of appellee's subdivision plan and to permit appellee to sell the lots in the subdivision without meeting the terms of the conditions,

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