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CASS PLUMBING & HEATING COMPANY v. PPG INDUSTRIES (04/24/80)

decided: April 24, 1980.

CASS PLUMBING & HEATING COMPANY, INC.; LOUIS A. TROIANI, JR., JULIUS B. TROIANI AND REYNOLD D. TROIANI, INDIVIDUALLY AND TRADING AS TROIANI PARKING; WILLIAM JACOBOWITZ AND RIFKIE JACOBOWITZ, HUSBAND AND WIFE, AND WILLIAM JACOBOWITZ, INDIVIDUALLY AND TRADING AS FEDERAL PAINT & HARDWARE COMPANY; SUSANNA K. FERRIS, LOUISE A. KIRNER AND CLARA KIRNER, INDIVIDUALLY AND TRADING AS FRANK H. KIRNER; EDWIN M. GINSBURG; AND MARKET RUG COMPANY, PETITIONERS,
v.
PPG INDUSTRIES, INC.; URBAN REDEVELOPMENT AUTHORITY OF PITTSBURGH; AND CITY OF PITTSBURGH



Petition No. 102 W.D.Misc.Dkt. 1980, for Extraordinary Relief and Application to Review and Vacate the April 11, 1980, Order of Mr. Justice Larsen.

COUNSEL

Thomas J. Dempsey, Pittsburgh, for petitioners.

George R. Specter, Philip Baskin, John O. Wicks, Dante Pellegrini, Asst. City Sol., Pittsburgh, for respondents.

Eagen, C. J., and O'Brien, Roberts, Nix, Larsen, Flaherty and Kauffman, JJ. Roberts, J., filed a statement. Larsen, J., filed a dissenting statement. Flaherty, J., filed a dissenting statement.

Author: Roberts

[ 488 Pa. Page 564]

ORDER

This controversy has not yet reached the stage where the Supreme Court of Pennsylvania should intervene. Hence, the Petition for Extraordinary Relief is denied.

The Application to Review the Order entered by Mr. Justice Larsen on April 11, 1980, is granted and that Order is vacated.

[ 488 Pa. Page 565]

ROBERTS, Justice.

It is with the understanding that the issues petitioners present to this Court will be entertained in the Commonwealth Court on the appeals pending there that I agree to this Court's abstention from the exercise of its extraordinary jurisdiction. See Price v. Philadelphia Parking Authority, 422 Pa. 317, 221 A.2d 138 (1966); Crawford v. Redevelopment Authority, 418 Pa. 549, 211 A.2d 866 (1965).

LARSEN, Justice, dissenting.

I dissent; the plaintiff-property owners have never had their day in court. All attempts by plaintiffs to litigate their various issues have ...


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