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ETHAN-MICHAEL v. BD. OF SUPERVISORS

918 A.2d 203 (2007)

ETHAN-MICHAEL, INC., Appellant v. BOARD OF SUPERVISORS OF UNION TOWNSHIP, Berks County, Pennsylvania.

Commonwealth Court of Pennsylvania.

Decided March 8, 2007.

Attorney(s) appearing for the Case

Daniel P. Becker, Wyomissing, for appellant.

Josele Cleary, Lancaster, for appellee.

BEFORE: SMITH-RIBNER, Judge, PELLEGRINI, Judge and LEADBETTER, Judge.

OPINION BY Judge SMITH-RIBNER.

Ethan-Michael, Inc. (EMI) appeals from the order of the Court of Common Pleas of Berks County affirming the decision of an appointed Hearing Officer that determined that certain provisions of the Union Township Zoning Ordinance were unconstitutional and invalidated and severed them but otherwise upheld the ordinance against a substantive validity challenge with a proposed curative amendment. EMI questions whether restrictions in the...

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