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GLEN-GERY CORP. v. ZONING HEARING BD.

907 A.2d 1033 (2006)

GLEN-GERY CORPORATION, Appellant, v. ZONING HEARING BOARD OF DOVER TOWNSHIP, York County, Pennsylvania and Dover Township, Appellees.

Supreme Court of Pennsylvania.

Decided September 28, 2006.

Attorney(s) appearing for the Case

Terry L. Parish, Esq., Paul R. Ober, Esq., Reading, for Glen-Gery Corporation.

Stephen B. Harris, Esq., Michael Joseph Titus, Esq., Warrington, for The H & K Group.

Stacey R. MacNeal, Esq., Charles A. Rausch, Esq., York, for Dover Township.

D. Michael Craley, Esq., Red Lion, for Zoning Hearing Board of Dover Township.

Thomas L. Wenger, Esq., Peter Grayson Howland, Harrisburg, for amicus curiae for Pennsylvania State Association of Township Supervisors.

BEFORE: CAPPY, C.J., and CASTILLE, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

OPINION

Justice NEWMAN.

Today we are asked to decide whether the plain language of Section 909.1(a)(2) of the Municipalities Planning Code (MPC), 53 P.S. § 10909.1(a)(2),1 or amended Section 5571(c)(5) of the Judicial Code, 42 Pa.C.S. § 5571(c)(5),2 controls the instant appeal and bars a procedural challenge to an ordinance as untimely if no challenge is mounted within thirty days...

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