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SHEETZ, INC. v. PHOENIXVILLE BOR. COUNCIL

804 A.2d 113 (2002)

SHEETZ, INC., Appellant v. PHOENIXVILLE BOROUGH COUNCIL.

Commonwealth Court of Pennsylvania.

Decided July 10, 2002.

Reargument Denied August 30, 2002.

Attorney(s) appearing for the Case

John A. Van Luvanee, Doylestown, for appellant.

Glenn R. Diehl, West Chester, for appellee.

BEFORE: COLINS, President Judge, PELLEGRINI, Judge, and JIULIANTE, Senior Judge.

Opinion by President Judge COLINS.

Sheetz, Inc. appeals from the September 27, 2001 order of the Court of Common Pleas of Chester County (trial court) affirming Phoenixville Borough Council's (Borough Council) decision denying Sheetz a conditional use permit. We affirm the order of the trial court.

On November 2, 2000, Sheetz applied for a conditional use permit for a service station pursuant to Section 1602.B.23 of the Borough of Phoenixville's zoning ordinance...

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