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TOURAINE PARTNERS v. KELLY

333 Pa.Super. 196 (1984)

482 A.2d 240

TOURAINE PARTNERS v. Herbert T. KELLY, Cecilia Perez Combs, Joel D. Beaver, Vivian Green, Patricia Risoli and Linda Risoli, John H. Evants, Stanley I. Gibell, Ruth S. Steppacher, David Feingold, Timothy G. Cutler, S.G. Winson. TOURAINE TENANTS ASSOCIATION (an unincorporated association under the laws of the Commonwealth of Pennsylvania) by David FEINGOLD, Trustee ad litem, and Cecilia Perez Coombs, Trustee ad litem, and Julian Fox, substituted Trustee ad litem, Appellants, v. TOURAINE PARTNERS, a limited partnership under the laws of the Commonwealth of Pennsylvania, and Sargo III Inc., sole general partner of Touraine Partners, and Robert Sheridan & Partners, a partnership and Robert Sheridan, an individual, and Marc Sheridan, an individual, and Marks & Co., Inc., a corporation and Robert Demchik, an individual, and Barbara Leff, an individual, and Raymond Fleisher, an individual and Touraine Associates, a limited partnership.

Supreme Court of Pennsylvania.

Filed August 31, 1984.

Petition for Allowance of Appeal Denied January 9, 1985.

Attorney(s) appearing for the Case

Jerome J. Shestack, Philadelphia, for appellees.

Joseph S. Moloznik, Philadelphia, for appellants.

Before SPAETH, President Judge, and BECK, and HOFFMAN, JJ.

HOFFMAN, Judge:

This appeal presents a novel issue concerning the construction of the term "declarant" under the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq. For the reasons stated herein, we affirm the order of the lower court.

The facts are as follows:1 In the late summer or early fall of 1980, J.E. Marks, general partner of Touraine Associates...

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