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POLAY v. BOARD OF SUP'RS OF WEST VINCENT TOWNSHIP

752 A.2d 434 (2000)

Michael and Janet POLAY, Appellants, v. BOARD OF SUPERVISORS OF WEST VINCENT TOWNSHIP, The Zoning and Code Enforcement Administration of the Township of West Vincent and Concerned Citizens of West Vincent Township, Inc.

Commonwealth Court of Pennsylvania.

Decided April 24, 2000.

Reargument Denied June 20, 2000.

Attorney(s) appearing for the Case

David A. Malman, West Chester, for appellants.

Richard H. Morton, West Chester, for appellee, Bd. of Supervisors of West Vincent Twp.

Anthony Kukal, Philadelphia, for appellee, Concerned Citizens of West Vincent Twp.

Before SMITH, J., FRIEDMAN, J., and JIULIANTE, Senior Judge.

FRIEDMAN, Judge.

Michael and Janet Polay (the Polays) appeal from an order of the Court of Common Pleas of Chester County (trial court) affirming, and adopting, the May 14, 1998 decision of the Board of Supervisors of West Vincent Township (Board). In that decision, the Board denied the Polays' challenge to the validity of the Zoning Ordinance of West Vincent Township (Ordinance), concluding that the Ordinance does not unconstitutionally exclude, as a land use, the...

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