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PODOLAK v. TOBYHANNA TP. BD. OF SUPERVISORS

No. 491 C.D. 2011.

37 A.3d 1283 (2012)

George E. PODOLAK and Jacqueline A. Podolak, his wife, Appellants v. TOBYHANNA TOWNSHIP BOARD OF SUPERVISORS, and John E. Kerrick, Chairman; Heidi A. Pickard, Vice Chairman; Jamie B. Keener, Donald J. Moyer and Anne Lamberton, in their official capacities.

Commonwealth Court of Pennsylvania.

Decided February 23, 2012.

Attorney(s) appearing for the Case

Wieslaw T. Niemoczynski , Stroudsburg, for appellants.

Patrick M. Armstrong , Perkasie, for appellees.

BEFORE: PELLEGRINI, Judge, and BROBSON, Judge, and McCULLOUGH, Judge.

OPINION BY Judge McCULLOUGH.

George E. Podolak and Jacqueline A. Podolak (the Podolaks) appeal the February 17, 2011, order of the Court of Common Pleas of Monroe County (trial court) sustaining the preliminary objections of the Tobyhanna Township Board of Supervisors; John E. Kerrick, Chairman; Heidi A. Pickard, Vice Chairman; Jamie B. Keener; Donald J. Moyer; and Anne Lamberton (collectively referred to as the Township) and dismissing with prejudice the Podolaks...

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