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ABINGTON TWP. v. DUNKIN' DONUTS F. CORP.

Appeal, No. 372 C.D. 1971.

5 Pa.Commw. 399 (1972)

Abington Township v. Dunkin' Donuts Franchising Corporation.

Commonwealth Court of Pennsylvania.

May 23, 1972.

Attorney(s) appearing for the Case

Daniel B. Michie, Jr., with him Fell, Spalding, Goff & Rubin, for appellant.

Emanuel A. Bertin, with him Moss, Rounick & Hurowitz, for appellee.

Fred J. Silverman, for intervenor, Cohen.

Hubert D. Yollin, for intervenor, Krantz.

Argued February 7, 1972, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE MENCER, May 23, 1972:

On March 20, 1970, a building permit was issued to appellee Dunkin' Donuts Franchising Corporation (Dunkin' Donuts) to permit the erection of a building on property zoned F-1 Commercial District located on the northwest corner of Old York Road and Berrell Avenue, Abington Township, Montgomery County. The purpose of the building, as stated on the permit application, was to erect a "retail baked goods and restaurant."

Walter...

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