# Doyle v. Springfield Township

> Supreme Court of Pennsylvania · November 10, 1958 · 394 Pa. 49

URL: https://www.frixlaw.com/law-library/cases/9637302

## Case

- **Full name:** Doyle v. Springfield Township, Appellant
- **Court:** Supreme Court of Pennsylvania
- **Decided:** November 10, 1958
- **Citations:** 394 Pa. 49; 145 A.2d 695; 1958 Pa. LEXIS 284
- **Precedential status:** Published
- **Opinion:** Concurrence by Bell
- **Judges:** Jones, Bell, Musmanno, Cohen
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9637302

## Opinion text

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;

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9637302. Public record. Not legal advice.