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LYNNEBROOK v. BOROUGH OF MILLERSVILLE

911 A.2d 196 (2006)

LYNNEBROOK AND WOODBROOK ASSOCIATES, a Pennsylvania Limited Partnership, by and through its general partner, LYNNEBROOK MANOR, INC., Appellant v. BOROUGH OF MILLERSVILLE.

Commonwealth Court of Pennsylvania.

Decided July 12, 2006.

Publication Ordered October 24, 2006.

Attorney(s) appearing for the Case

Lee A. Stivale, Media, for appellant.

Josele Cleary, Lancaster, for appellee.

BEFORE: COHN JUBELIRER, Judge, SIMPSON, Judge, McCLOSKEY, Senior Judge.

OPINION BY Senior Judge McCLOSKEY.

Lynnebrook and Woodbrook Associates (Taxpayer) appeal from an order of the Court of Common Pleas of Lancaster County (trial court), granting Millersville Borough's (Borough) motion for judgment on the pleadings and denying Taxpayer's motion for judgment on the pleadings. We affirm.

On October 12, 2005, the Borough enacted Ordinance No.2004-05 (Ordinance), which added a new residential...

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