Appeal from the Order of the Court of Common Pleas of Allegheny County in case of Franklin Land Company and John Hobart Miller, Inc. v. Borough of Fox Chapel and Tasso Katselas et al., No. 77 January Term, 1977.
A. Bruce Bowden, with him John R. Johnson, and Buchanan, Ingersoll, Rodewald, Kyle & Buerger, for Borough of Fox Chapel.
T. Lawrence Palmer, with him Jay D. Glasser, and Hollinshead and Mendelson, for Franklin Land Company and John Hobart Miller, Inc.
Michael D. DeMarco, for James J. Ryan and Susan E. Ryan.
Victor R. Delle Donne, with him Baskin, Boreman, Wilner, Sachs & Gondelman, for Tasso and Jane Katselas, Seymour Baskin and National Development Corporation.
J. Scott Calkins, Loudon L. Campbell, and Shaffer, Calkins & Balaban, for amicus curiae, Pennsylvania Builders Association.
Judges Wilkinson, Jr., Rogers and MacPhail, sitting as a panel of three.
[ 39 Pa. Commw. Page 251]
And Now, this 14th day of December, 1978, after a careful review of the record and pleadings, we affirm on the unreported opinion of Judge Watson of the Allegheny County Court of Common Pleas, Civil Division, dated February 23, 1978, and entered to No. 77 January Term, 1977, Miscellaneous Docket, No. S.A. 1539 of 1976.