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BARNESS LAND DEVELOPMENT v. BD. OF SUP'RS

852 A.2d 463 (2004)

BARNESS LAND DEVELOPMENT COMPANY, LLC v. BOARD OF SUPERVISORS OF WASHINGTON TOWNSHIP, Appellant.

Commonwealth Court of Pennsylvania.

Decided June 22, 2004.

Attorney(s) appearing for the Case

Timothy J. Rowley, Reading, for appellant.

No appearance entered on behalf of appellee.

BEFORE: COLINS, President Judge, and SMITH-RIBNER, Judge, and McCLOSKEY, Senior Judge.

OPINION BY Judge SMITHRIBNER.

The Board of Supervisors of Washington Township (Board of Supervisors) appeals from an order of the Court of Common Pleas of Berks County in the action in mandamus filed by Barness Land Development Company, LLC (Barness) seeking to compel the Board of Supervisors to approve an application by Barness to subdivide 269.63 acres for the construction of single-family homes. The trial court granted Barness' motion for peremptory judgment and...

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