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MERLINO v. PLAINS TOWNSHIP

No. 1953 C.D. 1978.

45 Pa.Commw. 506 (1979)

Frank J. Merlino, Appellant v. Plains Township, Appellee.

Commonwealth Court of Pennsylvania.

September 7, 1979.

Attorney(s) appearing for the Case

Hugh J. O'Connell, with him Silverblatt & Townend, for appellant.

Joseph C. Giebus, for appellee.

Argued April 6, 1979, before Judges CRUMLISH, JR., ROGERS and CRAIG, sitting as a panel of three.

OPINION BY JUDGE CRAIG, September 7, 1979:

Developer Frank J. Merlino has appealed from an equity decision of the Court of Common Pleas of Luzerne County commanding specific performance of his agreement with Plains Township to provide proper drainage in the vicinity of Birch Street, Hudson Gardens Plan, Plains Township.

The township had instituted an earlier equity action against the developer in connection...

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