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VALLEY RUN v. SWATARA TWP. BD. COMM.

No. 223 C.D. 1975.

21 Pa.Commw. 649 (1975)

Valley Run, Inc. v. Board of Commissioners of Swatara Township. Valley Run, Inc., Appellant.

Commonwealth Court of Pennsylvania.

November 17, 1975.

Attorney(s) appearing for the Case

Bruce E. Cooper, with him Charles E. Friedman, and Cooper, Friedman & Butler, for appellant.

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

Argued September 9, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE BLATT, November 17, 1975:

This is an appeal taken by Valley Run, Inc. from an order of the Court of Common Pleas of Dauphin County which affirmed the refusal of the Board of Commissioners (Board) of Swatara Township (Township) to grant approval to a subdivision plan for an apartment complex.

The appellant is the owner of an 82.58 acre tract located in a zoning district where, under the Township Zoning Ordinance of 1973, apartment houses were...

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