BROWN v. BORO. C., B. OF EMMAUS ET AL.

No. 2763 C.D. 1984.

91 Pa.Commw. 10 (1985)

John F. Brown, Appellant v. Borough Council of the Borough of Emmaus, Lehigh County, Pennsylvania, Appellee.

Commonwealth Court of Pennsylvania.

August 7, 1985.


Attorney(s) appearing for the Case

Joseph A. Fitzpatrick, Jr., with him, Jeffrey F. Hussar, Gardner, Racines, Plunkett, Sheetz & Fitzpatrick, for appellant.

Charles J. Fonzone, for appellee.

Argued June 6, 1985, before Judges MacPHAIL and COLINS, and Senior Judge KALISH, sitting as a panel of three.


OPINION BY JUDGE COLINS, August 7, 1985:

John F. Brown (appellant) appeals an August 28, 1984 order of the Lehigh County Court of Common Pleas, which dismissed his exceptions to an Order of Court dated September 16, 1983, denying his requested mandamus relief. The critical issue before this Court is whether appellant's application for a subdivision plan was deemed approved by the Emmaus Borough Council (Council...

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