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IN RE CUTLER GROUP, INC.

880 A.2d 39 (2005)

In Re: Appeal of the CUTLER GROUP, INC. from decision of the Board of Supervisors of East Vincent Township. Appeal of: The Cutler Group, Inc.

Commonwealth Court of Pennsylvania.

Decided July 8, 2005.

Reargument Denied August 31, 2005.

Attorney(s) appearing for the Case

Richard P. McBride, Horsham, for appellant.

William J. Brennan, King of Prussia, for appellee, East Vincent Township.

Robert J. Sugarman, Philadelphia, for appellee, Elaine Milito.

BEFORE: FRIEDMAN, J., COHN JUBELIRER, J., and JIULIANTE, Senior Judge.

OPINION BY Judge FRIEDMAN.

The Cutler Group, Inc. (Cutler) appeals from the July 9, 2004, order of the Chester County Court of Common Pleas (trial court), affirming the decision of the Board of Supervisors of East Vincent Township (Board), which denied Cutler's application for a conditional use to develop its property using the Open Space Design Option under Article IX of the East Vincent Township (Township) Zoning Ordinance (Ordinance). We affirm in part and reverse...

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