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COSTA v. CITY OF ALLENTOWN

No. 826 C.D. 2016.

153 A.3d 1159 (2017)

Thomas COSTA and Karen Costa, and Elmtowne Gardens, LLC, v. CITY OF ALLENTOWN. Appeal of: Thomas Costa, Karen Costa and Elmtowne Gardens, LLC.

Commonwealth Court of Pennsylvania.

Decided January 12, 2017.

Reargument Denied March 8, 2017.

Attorney(s) appearing for the Case

Lee A. Stivale , Springfield, for appellants.

Oldrich Foucek, III , Allentown, for appellee.

BEFORE: HONORABLE P. KEVIN BROBSON, Judge, HONORABLE MICHAEL H. WOJCIK, Judge, HONORABLE DAN PELLEGRINI, Senior Judge

OPINION BY JUDGE BROBSON

Appellants Thomas Costa and Karen Costa (Costas) and Elmtowne Gardens, LLC (Elmtowne) (collectively, Appellants) appeal from an order of the Court of Common Pleas of Lehigh County (trial court), dated May 2, 2016, denying their post-trial motions following a nonjury trial. Upon conclusion of the trial, the trial court entered an order dated, December 22, 2015, finding in favor of Appellee City of Allentown (City) and against...

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