Opinion

Doyle v. Springfield Township

  • 394 Pa. 49
  • 145 A.2d 695
  • 1958 Pa. LEXIS 284
Court
Supreme Court of Pennsylvania
Filed
Nov 10, 1958
Status
Published
Author
Bell
On the bench
Jones, Bell, Musmanno, Cohen
Cited by
6 cases
Authority
More cited than 7.2%

The opinion

Concubbing Opinion by

Me. Justice Bell:

This was an action of mandamus against Commissioners of Springfield Township to compel them to *53 cause to be issued to plaintiffs a certificate of occupancy under the pertinent building code. The Commissioners defended on the ground that this was nothing more than an alleged violation of a zoning ordinance for which a permit was being sought and consequently under Jacobs v. Fetzer, 381 Pa. 262 , 112 A. 2d 356 , mandamus is not an available remedy. The building code and the zoning ordinance appear to be, in some respects, overlapping.

I believe the issue can be limited to an interpretation of the building .code and that therefore mandamus will lie: Travis v. Teter, 370 Pa. 326, 330, 331 , 87 A. 2d 177 ; Garratt v. Philadelphia, 387 Pa. 442, 448 , 127 A. 2d 738 . For these reasons I concur in the Court’s affirmance of the judgment of the lower Court;

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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