Lhormer v. Bowen

Opinion by

Mr. Justice Eagen,

This appeal is from the final order below in an action of mandamus directing that the defendant issue to the plaintiffs a building permit for the erection of an automobile service station.

The relevant facts in summary are as follows:

The plaintiffs, owners of land in the borough involved, on February 2,1962, gave an option to purchase to the Humble Oil and Refining Company, conditioned upon the optionee’s securing from the borough a permit to construct a gasoline service station thereon. Subsequently on March 16, 1962, the plaintiffs filed an application for such a…