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CITY OF PHILA. v. LINDY.

No. 70 T.D. 1981.

71 Pa.Commw. 515 (1983)

City of Philadelphia, Appellant v. Philip Lindy, t/a Fountain View Apartments, Appellee.

Commonwealth Court of Pennsylvania.

February 2, 1983.

Attorney(s) appearing for the Case

Pamela Fox, Assistant City Solicitor, with her, Barbara S. Gilbert, Chief Assistant City Solicitor, for appellant.

Jeffrey B. Albert, with him, Richard T. Collier, Fox, Rothschild, O'Brien & Frankel, for appellee.

Argued December 15, 1982, before Judges ROGERS, CRAIG and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE CRAIG, February 2, 1983:

We here face the following question:

After a public agency's administrative decision adverse to a party has become final, as a consequence of that party's failure to pursue the procedures available for review of the decision, may the party proceed in a civil action to seek damages from the public agency on the basis that the decision was invalid?

This case involves the trespass complaint of apartment developer...

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