MYERS v. Hamilton, Inc.

407 A.2d 1366, 51 Pa. Commw. 504, 1979 Pa. Commw. LEXIS 1998

• Court: Commonwealth Court of Pennsylvania
• Decided: September 21, 1979
• Docket: Appeal, 1494 C.D. 1978
• Status: Published

Opinions

Opinion by

Judge Craig,

In this mandamus action, brought by a landowner, Appellee Hamilton, Inc., against the building inspector and zoning officer of Bensalem Township and the township itself, appellants, to compel the reissuance of building permits revoked by them, the Court of Common Pleas of Bucks County overruled appellants’ preliminary objections, which had raised a jurisdictional issue by contending that mandamus is not a proper remedy in the circumstances. The township and its officials have therefore brought this appeal.

We affirm the order of Judge Isaac S. Garb of the Court of Common Pleas of Bucks County, dated June 20, 1978, overruling the preliminary objections, upon Judge Garb’s opinion dated July 14, 1978, of record at No. 78-3468-05-6 in the Court of Common Pleas of Bucks County.

Order

And Now, this 21st day of September, 1979, the order of the Court of Common Pleas of Bucks County dated June 20, 1978, overruling preliminary objections, with leave to defendants to file an answer, is affirmed.