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KIMBERTON GREEN, I. v. B. OF PHOENIXVILLE

No. 787 C.D. 1977.

43 Pa.Commw. 244 (1979)

Kimberton Green, Inc., Appellant v. The Borough of Phoenixville, Appellee.

Commonwealth Court of Pennsylvania.

June 5, 1979.

Attorney(s) appearing for the Case

Thomas A. Riley, Jr., with him, of counsel, Lentz, Riley, Cantor, Kelgore & Massey, Ltd., for appellant.

Allan B. Greenwood, for appellee.

Argued April 6, 1979, before Judges WILKINSON, JR., BLATT and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, June 5, 1979:

This is an appeal from an order of the Court of Common Pleas of Chester County, affirming the decision of the Borough of Phoenixville (Borough), denying the request of Kimberton Green, Inc., Appellant, for a curative amendment.

On April 11, 1975 Kimberton Green, Inc. filed a curative amendment application and proposed plan of apartment development with the Borough. A hearing

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