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FRYE CONST., INC. v. CITY OF MONONGAHELA

526 Pa. 170 (1991)

584 A.2d 946

FRYE CONSTRUCTION, INC., Appellant, v. CITY OF MONONGAHELA, Robert A. Lohr, City Engineer of the City of Monongahela, Board of Appeals of the City of Monongahela and John A. Zentek and R. Carole Zentek, his wife, Appellees.

Supreme Court of Pennsylvania.

Decided January 9, 1991.

Reargument Denied March 18, 1991.

Attorney(s) appearing for the Case

Frank A. Conte, Frank A. Conte, P.C., Washington, for appellant.

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

Raymond P. Amatangelo, Donora, Janette Baisley, for John A. Zentek and R. Carole Zentek, his wife.

Richard R. Victoria, Belle Vernon, for Robert A. Lohr.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.

OPINION OF THE COURT

PAPADAKOS, Justice.

While it is not unusual for our Court to confront a case of chickens coming home to roost, here it is pigeons returning to the nest instead that has caused the difficulty. The facts are as follows:

According to Appellant's Amended Complaint, Appellees, John A. and R. Carole Zentek, submitted an application for a building permit to the City of Monongahela and its City Engineer. The application sought permission...

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