BENSALEM TWP. ET AL. v. WEBER ET UX.

No. 710 C.D. 1980.

58 Pa.Commw. 350 (1981)

Bensalem Township and June M. McLoughlin, Appellants v. Wilmer S. Weber, Jr. and Barbara G. Weber, his wife, Appellees.

Commonwealth Court of Pennsylvania.

April 8, 1981.


Attorney(s) appearing for the Case

Henry F. Huhn, for appellants.

Thomas M. Guinan, for appellees.

Submitted on briefs, March 5, 1981, to Judges BLATT, CRAIG and WILLIAMS, JR., sitting as a panel of three.


OPINION BY JUDGE CRAIG, April 8, 1981:

Bensalem Township has appealed from the refusal of the Court of Common Pleas of Bucks County to dismiss, for lack of jurisdiction, a mandamus action filed by the landowner appellees.

In their mandamus complaint filed October 12, 1978, the landowners averred, among other things, that: (1) the township's zoning hearing board had, on January 4, 1977, held a hearing on landowners' application for a variance to permit a real...

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