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TWP. OF L. ALLEN v. HARDEE'S FOOD S., INC.

No. 1545 C.D. 1980.

60 Pa.Commw. 74 (1981)

Township of Lower Allen, Appellant v. Hardee's Food Systems, Inc., Appellee.

Commonwealth Court of Pennsylvania.

June 17, 1981.

Attorney(s) appearing for the Case

Robert E. Yetter, Metzger, Wickersham, Knauss & Erb, for appellant.

Ronald M. Katzman, Goldberg, Evans & Katzman, for appellee.

Argued April 10, 1981, before Judges BLATT, WILLIAMS, JR. and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, June 17, 1981:

On December 11, 1978, the Commissioners of Lower Allen Township, Cumberland County, Pennsylvania (Commissioners) approved a subdivision plan for a tract of land purchased by Hardee's Food Systems, Inc. (Hardees) upon which Hardees plan to build a restaurant. The tract is zoned C-G, Commercial General District. Its southern boundary abuts an R-2 Residence District (Multi-Family Dwellings). On the

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