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CLAREMONT P., v. BD. OF T. SUP., MDLSX. T.

No. 158 C.D. 1987.

118 Pa.Commw. 527 (1988)

546 A.2d 712

Claremont Properties, Inc., Appellant v. Board of Township Supervisors of Middlesex Township, Appellee.

Commonwealth Court of Pennsylvania.

August 12, 1988.

Attorney(s) appearing for the Case

Charles B. Zwally, with him, Paula J. Leicht, Shearer, Mette, Evans & Woodside, for appellant.

Charles D. Vance, Jr., with him, Richard C. Snelbaker, Snelbaker, Elicker & Silver, for appellee.

Charles E. Zaleski, Tive, Hetrick & Pierce, P.C., for intervenors.

Argued April 18, 1988, before Judges CRAIG, and COLINS, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE CRAIG, August 12, 1988:

Claremont Properties, Inc. (Claremont) appeals from an order of the Court of Common Pleas of Cumberland County that (1) denied Claremont's motion to take additional evidence in its appeal to the court from a denial of Claremont's subdivision application by the Board of Township Supervisors of Middlesex Township and (2) dismissed Claremont's appeal.

The principal issue involved is whether a trial court may dismiss a...

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