Vogt v. Port Vue Borough

Opinion by

Gunther, J.,

William O. Vogt and Charles A. Minnick, appellants, filed this hill in equity seeking to enjoin the Borough of Port Vue and Adolph Jacobyansky, individually and as burgess, appellees, from preventing appellants’ construction of a gasoline service station. Preliminary objections were filed by Jacobyansky averring, inter alia, that appellants had an adequate remedy at law by appeal pursuant to the provisions of the zoning ordinance. The court below concluded that the proper and exclusive remedy was by an appeal under the provisions of the zoning ordinance and The Borough…