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STIVALA v. SOUTH ABINGTON TP. BD. OF SUP'RS

815 A.2d 1 (2002)

STIVALA INVESTMENTS, INC., Appellant, v. SOUTH ABINGTON TOWNSHIP BOARD OF SUPERVISORS and Giles Stanton, Joseph Sproul, Mark Dougherty, and Manager, James Mayfield.

Commonwealth Court of Pennsylvania.

Decided December 5, 2002.

Reargument Denied February 12, 2003.

Attorney(s) appearing for the Case

John A. Tumolo, Pittsburgh, for appellant.

William T. Jones, Scranton, for appellees.

BEFORE: SMITH-RIBNER, J., PELLEGRINI, J., and FLAHERTY, Senior Judge.

OPINION BY Judge PELLEGRINI.

Stivala Investments, Inc. (Stivala) appeals from a decision of the Court of Common Pleas of Lackawanna County (trial court) dismissing its mandamus action against South Abington Township Board of Supervisors, Giles Stanton, Joseph Sproul, Mark Dougherty and James Mayfield (collectively Township) to compel the Township to accept a road, to issue building permits and to complete the infrastructure for the development of a subdivision.

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