BETHEL PK. MUN. C. v. SIMMONS PK. PROP.

No. 1230 C.D. 1981.

68 Pa.Commw. 12 (1982)

Bethel Park Municipal Council et al., Appellants v. Simmons Park Properties, Inc., Appellee.

Commonwealth Court of Pennsylvania.

July 27, 1982.


Attorney(s) appearing for the Case

Victor R. Delle Donne, for appellants.

Richard L. Rosenzweig, Rosenzweig, Rosenzweig & Burton, for appellee.

Argued May 5, 1982, before President Judge CRUMLISH and Judges WILLIAMS, JR. and MacPHAIL, sitting as a panel of three.


OPINION BY JUDGE MacPHAIL, July 27, 1982:

Appellants1 have brought this appeal from an order of the Court of Common Pleas of Allegheny County granting mandamus relief to Simmons Park Properties, Inc. (Appellee). The trial court's order requires that Appellants issue building permits which had been requested by Appellee.

Appellee is the owner of a tract of land in Bethel Park comprising approximately 31 acres. The property is located...

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