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LUKE v. CATALDI

830 A.2d 655 (2003)

John R. LUKE and Diane C. Luke, John C. and Lynn Holetich, Dr. Philip Gelacek, Mary Biesuz, Thomas and Jean Woods, Dr. William R. Balash, John and Joan Witngens, George and Lori Gatto, Mr. and Mrs. John M. George, Thomas and Mary Ann Timney, Mary Ellen Austin, Mr. and Mrs. Wilbert Woods, Mr. and Mrs. Clarence Conway, Robert and Sheila Gahagan, Mr. and Mrs. Robert Selinger, Regis McGuire, and John McGuire, Rodney H. Hartman, Scott J. Hartman, Clifford and Jean Campbell, Harold Burton, William Findon, Jointly and Severally, Appellants, v. Randy J. CATALDI, David Brestensky, Ron Covone, Supervisors of South Buffalo Township and Mark A. Nesbit, Zoning Officer of South Buffalo Township.

Commonwealth Court of Pennsylvania.

Decided August 15, 2003.

Attorney(s) appearing for the Case

John R. Luke, Pittsburgh, for appellants.

James H. Owen, Kittanning, for appellees.

BEFORE: COLINS, President Judge, and McGINLEY, Judge, and SMITH-RIBNER, Judge, and PELLEGRINI, Judge, and FRIEDMAN, Judge, and COHN, Judge, and LEAVITT, Judge.

LEAVITT, Judge.

Appellants, landowners of property in South Buffalo Township, appeal from the order of the Court of Common Pleas of Armstrong County (trial court) that sustained the preliminary objections filed by the South Buffalo Township Board of Supervisors and the Zoning Officer (collectively Supervisors)1 to the Appellant's complaint in mandamus. The trial court dismissed the complaint as...

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