A. J. Aberman, Inc. v. New Kensington

Opinion by

Mr. Justice Jones,

This appeal arises out of an action in mandamus to compel the issuance of a building permit for the construction of a shopping center. Preliminary objections by the defendant municipality and its city clerk were dismissed; and the writ was issued peremptorily. Subsequently, the defendants petitioned to have the judgment opened and be let into a defense whereon a rule to show cause was granted. After answer and argument, the rule was made absolute; the preliminary objections formerly dismissed were reconsidered and sustained; and the writ of mandamus was refused.…