High Properties v. Ephrata Borough

ECKMAN, J.,

Presently before the court are the prehminary objections filed by defendant, The Borough Council of the Borough of Ephrata, Pa., to the complaint of plaintiff, High Properties.

On April 5, 1982, plaintiff filed this action in mandamus to compel defendant to issue a permit to U.G.I. Corporation authorizing it to enter Clear-view Avenue in Ephrata to install and maintain a gas fine to service the Cloister Garden Apartments, owned and operated by plaintiff. Defendant filed preliminary objections on April 27, 1982, averring that (1) High Properties is an improper plaintiff to this…