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LOWER GWYNEDD TOWNSHIP AND BOARD SUPERVISORS LOWER GWYNEDD TOWNSHIP v. PROVINCIAL INVESTMENT COMPANY (06/27/79)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: June 27, 1979.

LOWER GWYNEDD TOWNSHIP AND BOARD OF SUPERVISORS OF LOWER GWYNEDD TOWNSHIP, APPELLANTS
v.
PROVINCIAL INVESTMENT COMPANY, APPELLEE; LOWER GWYNEDD CIVIC ASSOCIATION, INTERVENOR

Appeal from the Order of the Court of Common Pleas of Montgomery County in case of Provincial Investment Company v. Lower Gwynedd Township and Board of Supervisors of Lower Gwynedd Township, No. 76-13899.

COUNSEL

Jeremiah J. Cardamone, with him Curtis Wright, and Timoney, Knox, Hasson & Weand, for appellants.

J. Peirce Anderson, with him Kane, Pugh, Anderson, Subers & McBrien, for appellee.

Stanford S. Hunn, with him Gregory S. Ghen, for intervenors.

President Judge Bowman and Judges Crumlish, Jr., Wilkinson, Jr., Rogers, Blatt, DiSalle and MacPhail. Judges Mencer and Craig did not participate. President Judge Bowman and Judges Crumlish, Jr., Wilkinson, Jr., Mencer, Blatt, DiSalle and Craig. Judges Rogers and MacPhail did not participate. Dissenting Opinion by Judge DiSalle.

Author: Per Curiam

[ 43 Pa. Commw. Page 564]

After our decision in this case was handed down on January 5, 1979, the appellants filed a timely application for reargument. Reargument was granted, limited to the issue of the effect, if any, of the Act of Assembly No. 249, P.L. 1067, signed by the Governor on October 5, 1978, which was after the date of the original argument of this case on September 26, 1978.

For the reasons set forth in our opinion in Meyers v. Board of Supervisors, 43 Pa. Commonwealth Ct. 196, 402 A.2d 278 (1979), we find no occasion to modify our opinion or the order heretofore filed in this matter.

Disposition

Affirmed. (39 Pa. Commonwealth Ct. 546)

Dissenting Opinion by Judge DiSalle:

I respectfully dissent based on my dissenting opinion in Meyers v. Board of Supervisors, 43 Pa. Commonwealth Ct. 196, 402 A.2d 278 (1979).

19790627

© 1998 VersusLaw Inc.



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