B. OF S., E. NORRITON T. v. GILL Q., INC.

No. 929 C.D. 1979 and 930 C.D. 1979.

53 Pa.Commw. 194 (1980)

Board of Supervisors of East Norriton Township, Appellant v. Gill Quarries, Inc., Appellee. Board of Supervisors of East Norriton Township, Appellant v. Gill Quarries, Inc., Appellee.

Commonwealth Court of Pennsylvania.

July 23, 1980.


Attorney(s) appearing for the Case

J. Edmund Mullin, with him Marc D. Jonas, Hamburg, Rubin, Mullin & Maxwell, for appellant.

John F. Christie, III, High, Swartz, Roberts & Seidel, for appellee.

Argued April 8, 1980, before President Judge CRUMLISH and Judges WILKINSON, JR., MENCER, ROGERS, CRAIG, MacPHAIL and WILLIAMS, JR. Judge BLATT did not participate.


OPINION BY JUDGE MENCER, July 23, 1980:

Presently before us are the consolidated appeals by the Board of Supervisors of East Norriton Township (Board) from two orders of the Court of Common Pleas of Montgomery County. In No. 930 C.D. 1979, the lower court dismissed the Board's petition for a declaratory judgment on the bases that a decision on its merits would not terminate the controversy giving rise to the...

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