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W. WHITELAND TWP. v. EXTON MAT., INC.

No. 39 C.D. 1973.

11 Pa.Commw. 474 (1974)

West Whiteland Township, Appellant, v. Exton Materials, Inc., Appellee.

Commonwealth Court of Pennsylvania.

January 18, 1974.

Attorney(s) appearing for the Case

William H. Lamb, with him Lamb, Windle & McErlane, for appellant.

Thomas A. Riley, Jr., with him John C. Snyder, and Lentz, Riley, Cantor, Kilgore & Massey, Ltd., for appellee.

Argued October 2, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER and BLATT. Judge ROGERS did not participate.

OPINION BY JUDGE KRAMER, January 18, 1974:

This is an appeal filed by West Whiteland Township (Township) from an order of the Court of Common Pleas of Chester County (filed in the Office of the Prothonotary of that county on December 18, 1972) in which the "decision" of the West Whiteland Township Zoning Hearing Board (Board) was reversed. In effect, the lower court's order reversed the Board's decision not to issue to Exton Materials, Inc. (Exton) a building permit...

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