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HORSHAM TWP. COUNCIL ET AL. v. MINTZ ET AL.

No. 567 C.D. 1977.

39 Pa.Commw. 408 (1978)

Horsham Township Council and Richard Brown, Horsham Township, Manager, Appellants v. Ronald S. Mintz and Philip Miller, t/a Wichard-Miller Joint Venture, a Partnership, Appellees.

Commonwealth Court of Pennsylvania.

December 26, 1978.

Attorney(s) appearing for the Case

Gerald Hamburg, with him Hamburg, Rubin, Mullin & Maxwell, for appellant.

Richard P. McBride, with him Power, Bowen & Valimont, for appellees.

William H. Lamb, with him Lamb, Windle & McErlane, for amicus curiae, Concerned Home Rule Municipalities: Elk Township, Peters Township, Radnor Township, and Upper Providence Township.

Argued September 27, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, BLATT, DISALLE and CRAIG. Judges ROGERS and MacPHAIL did not participate.

OPINION BY JUDGE MENCER, December 26, 1978:

The council and manager of Horsham Township, Montgomery County (appellants) have appealed from an order of the Court of Common Pleas of Montgomery County directing them to process a conditional use application filed by Ronald S. Mintz and Philip Miller, in accord with Horsham Township Ordinance No. 1089. Appellants were also ordered to terminate proceedings initiated...

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