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BOROUGH OF PERKASIE v. MOULTON BUILDERS

850 A.2d 778 (2004)

BOROUGH OF PERKASIE, Appellant v. MOULTON BUILDERS, INC.

Commonwealth Court of Pennsylvania.

Decided May 10, 2004.

Attorney(s) appearing for the Case

Michael D. Kracht, Perkasie, for appellant.

Bernadette A. Kearney, Lansdale, for appellee.

BEFORE: PELLEGRINI, Judge, and FRIEDMAN, Judge, and KELLEY, Senior Judge.

OPINION BY Judge FRIEDMAN.

The Borough of Perkasie (Borough) appeals from the May 15, 2003, order of the Court of Common Pleas of Bucks County (trial court), which reversed the decision of the Borough Council denying the application for conditional use filed by Moulton Builders, Inc. (Moulton). We affirm.

On October 8, 2002, Moulton filed a conditional use application with the Borough, seeking approval to construct an age-restricted housing community comprised...

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