NEWBERRY TWP. v. NESS

No. 3132 C.D. 1982.

79 Pa.Commw. 372 (1984)

Newberry Township, Appellant v. Harold F. Ness, t/a Pleasant View Apartments etc., Appellee.

Commonwealth Court of Pennsylvania.

January 5, 1984.


Attorney(s) appearing for the Case

Joel O. Sechrist, for appellant.

Thomas L. Kearney, III, with him Daniel W. Shoemaker, for appellee.

Argued September 14, 1983, before Judges WILLIAMS, JR., DOYLE and BARBIERI, sitting as a panel of three.


OPINION BY JUDGE BARBIERI, January 5, 1984:

Appellant, Newberry Township (Township), avers as error the action of the trial court in sua sponte raising the issue of equity jurisdiction and dismissing the Township's equity action for lack of jurisdiction. In its equity action the Township sought to require the operator of a mobile home park to provide paving in the park with "a smooth, hard and dense surface" under terms of a Township ordinance. The Appellee, Harold...

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