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APPEAL OF TWP. OF MIDDLETOWN

No. 1142 C.D. 1980.

51 Pa.Commw. 465 (1980)

In Re: Appeal of Hume Village, A Limited Partnership. Township of Middletown, Bucks County, Pennsylvania, Appellant.

Commonwealth Court of Pennsylvania.

May 21, 1980.

Attorney(s) appearing for the Case

Guy T. Matthews, for appellant.

Richard P. McBride, with him, Herbert K. Sudfeld, Jr., for appellee.

Argued April 8, 1980, before President Judge CRUMLISH, and Judges WILKINSON, JR., MENCER, ROGERS, CRAIG, MacPHAIL and WILLIAMS, JR. Judge BLATT did not participate.

OPINION BY JUDGE ROGERS, May 21, 1980:

Middletown Township has appealed from an order of the Court of Common Pleas of Bucks County reversing the decision of the township's Zoning Hearing Board which denied Hume Village's application for a validity variance.

In January 1972, a time before the Pennsylvania Municipalities Planning Code provided for curative amendment applications, Hume Village applied to the Zoning Hearing Board for a validity variance to construct...

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