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KERN ET AL. v. Z. H. B. OF TREDYFFRIN TWP. ET AL.

No. 1656 C.D. 1981.

68 Pa.Commw. 396 (1982)

Ronald J. Kern and Joy C. Kern, his wife, and Jolly Day Care Center and Nursery School, Inc. v. Zoning Hearing Board of The Township of Tredyffrin and the Board of Supervisors of The Township of Tredyffrin. The Board of Supervisors of Tredyffrin Township, Appellant.

Commonwealth Court of Pennsylvania.

August 24, 1982.

Attorney(s) appearing for the Case

William H. Lamb, Lamb, Windle & McErlane, P.C., for appellant.

Harry F. Dunn, Jr., Dunn and Miller, for appellees.

Argued June 10, 1982, before Judges BLATT, WILLIAMS, JR. and CRAIG, sitting as a panel of three.

OPINION BY JUDGE CRAIG, August 24, 1982:

The Board of Supervisors of Tredyffrin Township (township) appeals an order of the Court of Common Pleas of Chester County reversing the decision of the township zoning hearing board (board) which denied Ronald and Joy Kern's application for a special exception.

The Kerns are equitable owners of a lot and large house located at the intersection of Old Eagle School and Crestline roads in Tredyffrin Township. Under the...

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