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IN RE VACATION OF PORTION OF DORNEY PARK

503 Pa. 67 (1983)

468 A.2d 462

In re VACATION OF PORTION OF DORNEY PARK ROAD (FORMERLY L.R. 39028) FROM the ROAD SYSTEM OF SOUTH WHITEHALL TOWNSHIP. DORNEY PARK COASTER COMPANY, INC., Appellant, v. The BOARD OF COMMISSIONERS OF SOUTH WHITEHALL TOWNSHIP, George Whitner and Jane Smith, Appellees.

Supreme Court of Pennsylvania.

Decided December 9, 1983.

Attorney(s) appearing for the Case

Frank L. Newburger, III, LeRoy E. Perper, Philadelphia, E. Keller Kline, Allentown, for appellant.

Blake C. Marles, Allentown, for S. Whitehall Tp.

Wilbur C. Crevling, Jr., Allentown, for appellees.

Before ROBERTS, C.J., and NIX, LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON and ZAPPALA, JJ.

OPINION OF THE COURT

HUTCHINSON, Justice.

Appellant, Dorney Park Coaster Company, Inc., appeals by allowance an order of Commonwealth Court, reversing Lehigh County Common Pleas and remanding this case to allow appellees, George Whitner and Jane Smith, to proceed nunc pro tunc on exceptions to the Board of South Whitehall Township Commissioners' report on a township road vacation. Appellees filed their petition...

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