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MINSHALL ET AL. v. BD. OF SUPVRS., FERGUSON T.

No. 650 C.D. 1979.

50 Pa.Commw. 541 (1980)

Edward Minshall, John T. Fisher, Chester C. Gnatt and David B. Werner, Appellants v. The Board of Supervisors of Ferguson Township, Centre County, Pennsylvania et al., Appellees.

Commonwealth Court of Pennsylvania.

April 16, 1980.

Attorney(s) appearing for the Case

Benjamin Novak, Novak, Donovan & Cunningham, for appellants.

Victor R. Delle Donne, Baskin and Sears, with him Ronald M. Lucas, Corneal & Lucas, and Robert B. Mitinger, Miller, Kistler & Campbell, Inc., for appellees.

Argued 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 ROGERS, April 16, 1980:

This is an appeal of four residents of Ferguson Township from an order of the Court of Common Pleas of Centre County refusing the prayer of their complaint in equity for a preliminary injunction restraining the Township Board of Supervisors from acting on a rezoning request of the intervening appellee, Oxford Development Company.

Ferguson is a Township of the Second Class as defined in Section 201 of The Second Class...

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