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MYERS ET AL. v. HAMILTON, INC.

No. 1494 C.D. 1978.

51 Pa.Commw. 504 (1979)

Thomas J. Myers, Charles R. Kobash and the Township of Bensalem, Appellants v. Hamilton, Inc., d/b/a Hamilton-Mayfair Mews, Inc., Appellee.

Commonwealth Court of Pennsylvania.

September 21, 1979.

Attorney(s) appearing for the Case

Leslie G. Dias, with him Henry F. Huhn, for appellant.

John W. Donaghy, with him Curtin and Heefner, for appellee.

Argued April 5, 1979, before Judges MENCER, ROGERS and CRAIG, sitting as a panel of three. Reargued March 11, 1980, before President Judge CRUMLISH and Judges WILKINSON, JR., MENCER, ROGERS, CRAIG, MacPHAIL and WILLIAMS, JR. Judge BLATT did not participate.

OPINION BY JUDGE CRAIG, September 21, 1979:

In this mandamus action, brought by a landowner, Appellee Hamilton, Inc., against the building inspector and zoning officer of Bensalem Township and the township itself, appellants, to compel the reissuance of building permits revoked by them, the Court of Common Pleas of Bucks County overruled appellants' preliminary objections, which had raised a jurisdictional issue by contending that mandamus is not a proper remedy in...

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