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PHILOMENO & SALAMONE v. BD OF SUPERVISORS

882 A.2d 1044 (2005)

PHILOMENO & SALAMONE v. BOARD OF SUPERVISORS OF UPPER MERION TOWNSHIP and Upper Merion Township Appeal of: Upper Merion Township.

Commonwealth Court of Pennsylvania.

Decided August 25, 2005.

Reargument Denied October 12, 2005.

Attorney(s) appearing for the Case

Joseph J. Pizonka, King of Prussia, for appellant, Upper Merion Township.

Edward J. Hughes, Plymouth Meeting, for appellee, Philomeno & Salamone.

BEFORE: COLINS, President Judge, and LEADBETTER, Judge, and KELLEY, Senior Judge.

OPINION BY Senior Judge KELLEY.

Upper Merion Township (Township) appeals from an order of the Court of Common Pleas of Montgomery County (trial court) granting Philomeno & Salamone's (Landowner) motion for peremptory judgment. We reverse.

Landowner is a general partnership and equitable owner of a tract of land located at 431 West Valley Forge Road, Upper Merion Township. On May 13, 2003, Landowner filed an application for review with the Township seeking...

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