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  5. 91 Pa.Commw. 186 (1985)
 

MIDDLETOWN TWP. v. BENHAM ET AL.

Nos. 1269 C.D. 1982 and 1305 C.D. 1982.

91 Pa.Commw. 186 (1985)

Council of Middletown Township, Delaware County, Pennsylvania, Appellant v. Alice S. Benham, Co-Executrix and Mary Christine Moran, Co-Executrix of the Estate of Grant J. Benham, Appellee. Alice S. Benham, Co-Executrix and Mary Christine Moran, Co-Executrix of the Estate of Grant J. Benham, Appellant v. Council of Middletown Township, Delaware County, Pennsylvania, Appellee.

Commonwealth Court of Pennsylvania.

August 16, 1985.

Attorney(s) appearing for the Case

Robert B. Surrick, Levy and Surrick, for appellant/appellee, Council of Middletown Township, Delaware County, Pennsylvania.

Vincent B. Mancini, Kassab, Cherry & Archbold, for appellant/appellee, Alice S. Benham, Co-Executrix and Mary Christine Moran, Co-Executrix of the Estate of Grant J. Benham.

Argued December 13, 1984, before Judge CRAIG, and Senior Judges BLATT and BARBIERI, sitting as a panel of three.

OPINION BY JUDGE CRAIG, August 16, 1985:

The Council of Middletown Township (council) (Appeal No. 1269 C.D. 1982) and the Estate of Grant J. Benham (developer) (Appeal No. 1305 C.D. 1982) cross-appeal from an order of the Court of Common Pleas of Delaware County which: (1) sustained the developer's substantive challenge to the validity of two sections of the Middletown Township Code of Ordinances;

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