Borough of Phoenixville v. Kovach

Opinion by

Judge Doyle,

•This is an appeal by the Borough of Phoenixville (Borough) from a decision and order of .the Court of Common Pleas of Chester County reversing the Borough Council’s affirmance of the Borough Building Officer’s decision to deny a street improvement permit to Alexander and Elsie Kovach.

The instant case centers around a fifty foot wide, five hundred foot long paper street in the Borough known as “Mulberry Street.”1 Mulberry Street, which intersects Columbia Avenue to the west and Chester Avenue to the eást, runs parallel to and between Cherry Street to its north and…