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C & M DEV., INC. v. BEDMINSTER ZON. HEARING BD.

820 A.2d 143 (2002)

C & M DEVELOPERS, INC., Appellant v. BEDMINSTER TOWNSHIP ZONING HEARING BOARD, Appellee.

Supreme Court of Pennsylvania.

Decided November 1, 2002.

Reargument Denied December 30, 2002.

Attorney(s) appearing for the Case

George Michael Carr, John A. Van Luvanee, Doylestown, James Charles Schwartzman, Philadelphia, for appellant, C & M Developers, Inc.

John Bernard Rice, Perkasie, Stephen P. Imms, Harlesville, for appellee, Bedminster Tp. Zoning Hearing Bd.

Sean Patrick Delaney, Thomas L. Wenger, Harrisburg, for appellee amicus curiae, PA State Ass'n of Tp. Sup'rs.

Patrice M. Scully, Terry W. Clemons, Doylestown, for appellee amicus curiae, Bucks County Ass'n of Tp. Officials.

Before ZAPPALA, C.J., and CAPPY, CASTILLE, NIGRO, NEWMAN, SAYLOR and EAKIN, JJ.

OPINION OF THE COURT

Justice NIGRO.

Appellant C & M Developers, Inc. appeals from the order of the Commonwealth Court affirming the Court of Common Pleas of Bucks County's order sustaining the amended Zoning Ordinance of Bedminster Township ("Township") against Appellant's challenges. We reverse.

On February 14, 1996, the Township Board of Supervisors ("Board") enacted Resolution 96-02 pursuant...

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