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PETRONE, ET AL. v. SWATARA TWP. BD. COMS.

No. 212 C.D. 1975.

22 Pa.Commw. 415 (1975)

Roger Petrone, Frank F. Leoni and Robert R. Young, t/a Beaver Creek Enterprises, Appellants v. Board of Commissioners of Swatara Township, Dauphin County, Pennsylvania, Appellee.

Commonwealth Court of Pennsylvania.

December 22, 1975.

Attorney(s) appearing for the Case

Thomas A. Beckley, with him Craig W. Bremer and Beckley & Grove, for appellants.

James W. Reynolds, with him David A. Wion, and Reynolds, Bihl and Schaffner, for appellee.

Argued September 10, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE MENCER, December 22, 1975:

Roger Petrone, Frank F. Leoni, and Robert R. Young, trading as Beaver Creek Enterprises (appellants), and the Board of Commissioners of Swatara Township, Dauphin County (appellee), have brought before this Court a question of first impression, the resolution of which renders moot all of the other issues raised in this appeal. In essence, they ask whether the 4-4 split vote of the Board of Commissioners constituted a timely...

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