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CALN NETHER v. BD. OF SUP'RS, THORNBURY

840 A.2d 484 (2004)

CALN NETHER COMPANY, L.P., Appellant, v. BOARD OF SUPERVISORS OF THORNBURY TOWNSHIP, Chester County.

Commonwealth Court of Pennsylvania.

Decided January 8, 2004.

Attorney(s) appearing for the Case

Joseph G. Riper, Kennett Square, for appellant.

Ronald M. Agulnick, West Chester, for appellee.

BEFORE: LEADBETTER, Judge, and SIMPSON, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge SIMPSON.

In this land use appeal, Caln Nether Company, L.P. (Landowner) challenged the Thornbury Zoning Ordinance of 1983, as amended, (Ordinance) as exclusionary, alleging it failed to provide for "new and used car dealership" use. The Thornbury Township Board of Supervisors (Supervisors) rejected Landowner's challenge and proposed curative amendment, concluding the Ordinance permitted a car dealership in...

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