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FRYE CONST., INC. v. CITY OF MONONGAHELA

No. 3231 C.D. 1986.

113 Pa.Commw. 292 (1988)

537 A.2d 73

Frye Construction, Inc., Appellant v. City of Monongahela et al., Appellees.

Commonwealth Court of Pennsylvania.

February 5, 1988.

Attorney(s) appearing for the Case

Frank A. Conte, for appellant.

Clyde G. Tempest, for appellee, City of Monongahela.

Raymond P. Amatangelo, for John A. and R. Carole Zentek, appellees.

Submitted on briefs October 5, 1987, to Judges MacPHAIL and COLINS, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY SENIOR JUDGE KALISH, February 5, 1988:

Appellant, Frye Construction Co., Inc. (Frye), appeals an order of the Common Pleas Court of Washington County which sustained a demurrer to a claim for equitable and mandamus relief. We affirm.

The city engineer of the City of Monongahela approved an application for a building permit filed by John and Carole Zentek to erect a "lawn-building storage accessory use to a residence" in their rear yard. The Zenteks...

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