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SMITH v. SPRINGFIELD TP. BD. OF SUPERVISORS

787 A.2d 1112 (2001)

Randall J. SMITH t/a Smith Refrigeration Co. and David A. Smith t/a Smith's Motorcycle and Salvage Co., v. SPRINGFIELD TOWNSHIP BOARD OF SUPERVISORS. Appeal of Randall J. Smith and David A. Smith.

Commonwealth Court of Pennsylvania.

Decided December 14, 2001.

Attorney(s) appearing for the Case

Lawrence A. Durkin, Scranton, for appellants.

Harold G. Caldwell, Troy, for appellee.

Before SMITH, J., FRIEDMAN, J., and JIULIANTE, Senior Judge.

JIULIANTE, Senior Judge.

Randall J. Smith t/a Smith Refrigeration Company and David A. Smith t/a Smith's Motorcycle and Salvage Company (collectively, Appellants) appeal from the March 29, 2001 order of the Court of Common Pleas of Bradford County (trial court) that dismissed their appeal for lack of jurisdiction. For the reasons that follow, we vacate that order and remand the case to allow Appellants to amend their appeal into a declaratory judgment action.

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