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WHITPAIN ASSOCIATES v. WHITPAIN TWP.

No. 1237 C.D. 1980.

64 Pa.Commw. 287 (1982)

Whitpain Associates, Appellant v. Whitpain Township, Appellee.

Commonwealth Court of Pennsylvania.

January 28, 1982.

Attorney(s) appearing for the Case

Louis B. Kupperman, of counsel: Dilworth, Paxson, Kalish & Levy, and John G. Kaufman and Edward J. Hughes, of counsel: Kaufman & Hughes, for appellant.

J. Peirce Anderson, for appellee.

Argued November 18, 1981, before Judges MENCER, BLATT and CRAIG, sitting as a panel of three.

OPINION BY JUDGE CRAIG, January 28, 1982:

Whitpain Associates appeals from an order of the Court of Common Pleas of Montgomery County which sustained the preliminary objections of Whitpain Township and dismissed Associates' equity suit seeking an order to compel township processing and consideration of a planned residential development (PRD) application.

The averments and exhibits of the complaint, assumed to be true for preliminary objection purposes, provide...

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