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ABCON, INC. APPEAL

No. 577 C.D. 1977.

35 Pa.Commw. 589 (1978)

In Re: Appeal of Abcon, Inc. from Decision of the Board of Supervisors of Horsham Township Upon Curative Amendment Application. Abcon, Inc., Appellant.

Commonwealth Court of Pennsylvania.

June 2, 1978.

Attorney(s) appearing for the Case

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

J. Edward Mullin, with him Gerald Hamburg, and Hamburg, Rubin, Mullin & Maxwell, for appellee.

Argued April 5, 1978 before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT and DiSALLE.

OPINION BY JUDGE ROGERS, June 2, 1978:

Abcon, Inc. has appealed from a decision of the Montgomery County Court of Common Pleas which upheld the constitutionality of the Horsham Township Zoning Ordinance of 1969 and refused Abcon's request for curative amendment. For the reasons set forth below, we reverse.

Abcon, Inc. is the owner of a 247 acre tract of land located in the southeast corner of Horsham Township. On April 26, 1974, Abcon submitted a curative...

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