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IRVING S. KARPE v. BOROUGH STROUDSBURG (09/18/81)

filed: September 18, 1981.

IRVING S. KARPE, APPELLANT,
v.
BOROUGH OF STROUDSBURG



No. 1411 Philadelphia, 1980, Appeal from Order of the Court of Common Pleas of Monroe County, at No. 1088 October Term, 1978.

COUNSEL

Edwin Krawitz, East Stroudsburg, for appellant.

Philip H. Williams, Stroudsburg, for appellee.

Brosky, Johnson and Popovich, JJ. Johnson, J., files concurring statement.

Author: Popovich

[ 290 Pa. Super. Page 560]

The instant appeal comes before this Court on an appeal from an order dismissing plaintiff-appellant's motions for a new trial and for judgment notwithstanding the verdict. For the reasons herein stated, that appeal will be quashed.

Appellant, Irving Karpe, received zoning and building permits from defendant-appellee in order to construct a parking lot. Approximately one year later, the permits were revoked. Instead of filing a direct appeal from the order revoking the permits, appellant filed an action against appellee in assumpsit and in trespass. The matter proceeded before a judge, sitting without a jury. Hearings were held, and the following verdict was issued:

[ 290 Pa. Super. Page 561]

"AND NOW, October 25, 1979, the Court finds in favor of the Defendant and against the Plaintiff, for failure of Plaintiff to prove the damages sustained.

BY THE COURT:

/s/ Harold A. Thomson Jr.,

J."

(R. 45a, ...


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