BORO. OF PHOENIXVILLE ET AL. v. KOVACH ET UX.

No. 607 C.D. 1981.

68 Pa.Commw. 441 (1982)

Borough of Phoenixville et al., Appellants v. Alexander C. Kovach and Elsie Kovach, his wife, Appellees.

Commonwealth Court of Pennsylvania.

August 26, 1982.


Attorney(s) appearing for the Case

Allan B. Greenwood, with him Mark L. Tunnell, Cremers, Morris, Greenwood & Tunnell, for appellants.

Mary Ann Rossi, with her William J. Gallagher and Lynn E. Palenscar, MacElree, Harvey, Gallagher, O'Donnell & Featherman, Ltd., for appellees.

Argued March 4, 1982, before Judges CRAIG, MacPHAIL and DOYLE, sitting as a panel of three.


OPINION BY JUDGE DOYLE, August 26, 1982:

This is an appeal by the Borough of Phoenixville (Borough) from a decision and order of the Court of Common Pleas of Chester County reversing the Borough Council's affirmance of the Borough Building Officer's decision to deny a street improvement permit to Alexander and Elsie Kovach.

The instant case centers around a fifty foot wide, five hundred foot long paper street in the Borough known as "Mulberry Street."

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