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EAST PIKELAND TWP. v. BUSH BROS., INC.

No. 1084 C.D. 1973.

13 Pa.Commw. 578 (1974)

East Pikeland Township, Appellant, v. Bush Brothers, Inc., Appellee.

Commonwealth Court of Pennsylvania.

May 28, 1974.

Attorney(s) appearing for the Case

James E. McErlane, with him Lamb, Windle & McErlane, for appellant.

William H. Rivoir, Jr., with him John S. Halsted and, of counsel, Gawthrop & Greenwood.

Argued April 2, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER and BLATT. Judge ROGERS did not participate.

OPINION BY JUDGE KRAMER, May 28, 1974:

This is an appeal filed by East Pikeland Township (Township) from an order dated July 10, 1973, of the Court of Common Pleas of Chester County directing the Township to issue a building permit to Bush Brothers, Inc. (Bush).

In the interest of a complete understanding of this opinion, it is necessary to delve into some of the historical background as contained in...

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