January 9, 1964
LEBANON COUNTY, APPELLANT.
Appeal, No. 195, Jan. T., 1964, by special writ of certiorari, No. 80 Miscellaneous Docket No. 13, from Court of Common Pleas of Lebanon County, No. 11 Equity Docket, 1963, in case of Martin N. Shuey, Howard O. Stouffer, individually, and Property Owners' Association of Lebanon County et al. v. County of Lebanon, Henry H. Mark, Herbert W. Markey and R. Dewey Shaak. Preliminary objections sustained and complaint dismissed.
Paul H. Rhoads, with him Frank A. Sinon, Henry W. Rhoads, Earl L. Brubaker, County Solicitor, and Rhoads, Sinon & Reader, for appellants.
Philip S. Davis, with him Stanley W. Katz, and Davis & Katz, for appellees.
Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Roberts, JJ.
[ 413 Pa. Page 286]
OPINION PER CURIAM
The petition for original jurisdiction is dismissed. The petition for certiorari was granted because of an apparent emergency. After argument, the preliminary objections are sustained and the complaint is dismissed without prejudice. Each party to pay own costs.
ING OPINION BY MR. JUSTICE COHEN:
The writ of certiorari having been improvidently granted, I would remand the record to the court below. Appellant here seeks an advisory opinion, to which request our Court should not accede.
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