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BIRMINGHAM TP. v. CHADDS FORD TAVERN

132 Pa.Commw. 312 (1990)

572 A.2d 855

TOWNSHIP OF BIRMINGHAM, Appellant, v. CHADDS FORD TAVERN, INC. and Zoning Hearing Board of Township of Birmingham, Appellees.

Commonwealth Court of Pennsylvania.

Decided April 4, 1990.

Attorney(s) appearing for the Case

Denis M. Dunn, with him, Edward J. Carney, Jr., Petrikin, Wellman, Damico, Carney & Brown, Media, for appellant.

Stephen J. Polaha, with him, Francis T. Sbandi (Eckell, Sparks, Levy, Auerbach, Monte & Moses, Media of counsel), for appellees.

Before COLINS and McGINLEY, JJ., and NARICK, Senior Judge.

COLINS, Judge.

This is an appeal by the Township of Birmingham (Township) of an opinion and order of the Court of Common Pleas of Delaware County dated January 10, 1989, which denied the Township's appeal and affirmed the decision of the Zoning Hearing Board of Birmingham Township (Board).

Chadds Ford Tavern, Inc. (Chadds Ford), is the owner of a restaurant and tavern business located on Route 1 in the Township (property). The property is currently zoned R...

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