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BLUEBELL ASSO. v. T. ENGR., WHITPAIN T. ET AL.

Nos. 269 C.D. 1977 and 334 C.D. 1978.

45 Pa.Commw. 599 (1979)

Bluebell Associates, Appellant v. The Township Engineer for Whitpain Township and Manus McHugh, III and Deidre McHugh, his wife, Appellees. Bluebell Associates v. Board of Supervisors of Whitpain Township and Manus McHugh, III and Deidre McHugh, his wife. Board of Supervisors of Whitpain Township, Appellant.

Commonwealth Court of Pennsylvania.

September 12, 1979.

Attorney(s) appearing for the Case

Richard L. Bazelon, with him, of counsel, Dilworth, Paxson, Kalish, Levy & Kauffman, for Bluebell Associates.

Marc B. Kaplin, with him, of counsel, Lesser & Kaplin, for Board of Supervisors of Whitpain Township.

Argued April 3, 1979, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, DiSALLE, CRAIG and MacPHAIL. Judges ROGERS and BLATT did not participate.

OPINION BY JUDGE CRAIG, September 12, 1979:

These two appeals, consolidated for argument and consideration, are from orders of the Court of Common Pleas of Montgomery County, the appeal at No. 269 C.D. 1977 involving that court's refusal, in a mandamus action against the engineer of Whitpain Township (township), to compel the issuance of a grading permit for an airport extension, and the appeal at No. 334 C.D. 1978 concerning an order granting Bluebell Associates...

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