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TWP. OF S. FAYETTE v. COMMONWEALTH ET AL.

No. 829 C.D. 1977.

43 Pa.Commw. 467 (1979)

Township of South Fayette, a Municipal Corporation, Petitioner v. Commonwealth of Pennsylvania et al., Respondents.

Commonwealth Court of Pennsylvania.

June 21, 1979.

Attorney(s) appearing for the Case

Timothy P. O'Reilly, for petitioner.

Thomas F. Halloran, Assistant Attorney General, for respondents.

Argued May 8, 1979, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT and MacPHAIL. Judges DiSALLE and CRAIG did not participate.

OPINION BY JUDGE WILKINSON, JR., June 21, 1979:

This case is before us after the Supreme Court vacated our preliminary injunction which granted the prayer of the Township to preliminarily enjoin the Commonwealth from operating an intensive treatment unit for juveniles adjudicated delinquent on land owned by the Commonwealth within an area of the Township which was zoned to prohibit such a use. This preliminary...

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