Kirk v. Smay.

Opinion by

Judge Blatt,

The appellants 1 here filed an action in mandamus with the Court of Common Pleas of Northampton County requesting that the court order Bobert Smay, zoning officer of the Borough of Hellertown (Borough), to issue a building permit to them. The court sustained the appellee’s preliminary objections, dismissed the complaint and this appeal followed.

The appellants wanted to build a medical officé building on the premises of an existing shopping center, a permitted use under the Borough’s zoning ordinance in the general commercial district here involved. 2 Section 64.6(1) of…