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TOWNSHIP OF EXETER v. ZONING HEARING BD. OF EXETER TOWNSHIP

911 A.2d 201 (2006)

TOWNSHIP OF EXETER v. ZONING HEARING BOARD OF EXETER TOWNSHIP and Land Displays, Inc., Appeal of Board of Supervisors of Exeter Township.

Commonwealth Court of Pennsylvania.

Decided November 1, 2006.

Reargument Denied December 19, 2006.

Attorney(s) appearing for the Case

Andrew J. Bellwoar, Chester Springs, for appellant.

Paul T. Essig, Wyomissing, for appellee, Zoning Hearing Board of Exeter Township.

Charles F. Fitzpatrick, Reading, for appellee, Land Displays, Inc.

BEFORE: FRIEDMAN, Judge, and COHN JUBELIRER, Judge, and McCLOSKEY, Senior Judge.

OPINION BY Senior Judge McCLOSKEY.

The Exeter Township Board of Supervisors (Board of Supervisors), appeals from a decision of the Court of Common Pleas of Berks County (trial court), affirming a decision of the Zoning Hearing Board of Exeter Township (ZHB) that a portion of Exeter Township's (Township) Sign Ordinance was unconstitutionally exclusionary. We reverse.

Between 2003 and early 2005, Land Displays, Inc. (LD) filed eleven applications with the Township...

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