CO. OF FAYETTE v. COSSELL ET AL.

Nos. 1254 C.D. 1980 and 1908 C.D. 1980.

60 Pa.Commw. 202 (1981)

County of Fayette, Appellant v. Raymond E. Cossell and Charlotte Cossell, his wife, and Robert E. Cossell, Jr. and Ruth Ann Cossell, his wife, Appellees. County of Fayette, Appellant v. Raymond E. Cossell and Charlotte Cossell, his wife, and Robert E. Cossell, Jr. and Ruth Ann Cossell, his wife, Appellees.

Commonwealth Court of Pennsylvania.

June 25, 1981.


Attorney(s) appearing for the Case

Philip T. Warman, for appellant.

Murray I. Horewitz, with him Thomas A. Bowlen, for appellees.

Argued May 6, 1981, before Judges CRAIG, MacPHAIL and PALLADINO, sitting as a panel of three.


OPINION BY JUDGE CRAIG, June 25, 1981:

The County of Fayette (county) appeals from a decision of the Fayette County Court of Common Pleas affirming a chancellor's order dismissing the county's complaint in equity which sought an injunction against the operation of an automobile recycling center by appellees, the Cossells, on their property.

In January, 1978, the Cossells purchased the property involved. Under the Fayette County Zoning Ordinance, which became...

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