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BOROUGH OF FLEETWOOD v. ZONING HEARING

538 Pa. 536 (1994)

649 A.2d 651

BOROUGH OF FLEETWOOD, Appellant, v. ZONING HEARING BOARD OF the BOROUGH OF FLEETWOOD, Appellee, and Turkey Hill Minit Markets, Intervenor.

Supreme Court of Pennsylvania.

Decided November 4, 1994.

Attorney(s) appearing for the Case

Alan S. Readinger, for Borough of Fleetwood.

William C. Crosswell, for intervenor — Turkey Hill Minit Markets.

John M. Scott, for Zoning Hearing Bd.

Before NIX, C.J., and FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY, CASTILLE and MONTEMURO, JJ.

OPINION

MONTEMURO, Justice.

Appellee, Turkey Hill Minit Markets (Turkey Hill), currently leases property at 200 West Main Street, in the Borough of Fleetwood (Borough).1 The property is located in a C-1 General Commercial Zone pursuant to the applicable Borough Zoning Ordinance (Ordinance), and Turkey Hill presently operates a retail convenience store upon the site. On September 14, 1990, Turkey Hill applied to the Fleetwood...

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