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MONT-BUX, INC. v. TWP. OF CHELTENHAM

No. 443 C.D. 1977.

36 Pa.Commw. 397 (1978)

Mont-Bux, Inc. v. Township of Cheltenham, Appellant.

Commonwealth Court of Pennsylvania.

July 5, 1978.

Attorney(s) appearing for the Case

John P. Gregg, with him Samuel H. High, Jr., and High, Swartz, Roberts & Seidel, for appellants.

Donald A. Semisch, with him Semisch & Der Movsesian, for appellee.

S. Gordon Elkins, with him, of counsel, Stradley, Ronon, Stevens & Young, for amicus curiae, Melrose Park Improvement Association.

Argued April 7, 1978, before Judges CRUMLISH, JR., MENCER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE MENCER, July 5, 1978:

The Township of Cheltenham has taken this appeal from an order of the Court of Common Pleas of Montgomery County directing its approval of the development plan of Mont-Bux, Inc., for the erection of a 15-unit apartment building. We affirm.

Mont-Bux owns property in Cheltenham Township which was zoned for multiple dwellings and offices at the time in question. Almost four years ago, in August 1974, Mont-Bux originally...

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