South End Enterprises, Inc. v. City of York

913 A.2d 354 (2006)

SOUTH END ENTERPRISES, INC.

v.

CITY OF YORK, Appellant.

Commonwealth Court of Pennsylvania.

Argued September 12, 2006.

Decided December 19, 2006.

Donald B. Hoyt, York, for appellant.

Thompson J. McCullough, York, for appellee.

BEFORE: SMITH-RIBNER, Judge, and LEAVITT, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge LEAVITT.

The City of York appeals a writ of mandamus issued to it by the Court of Common Pleas of York County (trial court) upon request of South End Enterprises, Inc. The writ directs the City, first, to "employ the necessary labor and materials" to stabilize the…