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ELIZABETHTOWN v. MOUNT JOY TP. ZONING

934 A.2d 759 (2007)

ELIZABETHTOWN/MT. JOY ASSOCIATES, L.P., Appellant v. MOUNT JOY TOWNSHIP ZONING HEARING BOARD.

Commonwealth Court of Pennsylvania.

Decided October 1, 2007.

Reargument Denied November 19, 2007.

Attorney(s) appearing for the Case

Susan J. Smith, Camp Hill, for appellant.

Josele Cleary, Lancaster, for appellee.

BEFORE: LEADBETTER, President Judge, and FRIEDMAN, Judge, and KELLEY, Senior Judge.

OPINION BY Judge FRIEDMAN.

Elizabethtown/Mt. Joy Associates, L.P., (Developer) appeals from the February 21, 2007, order of the Court of Common Pleas of Lancaster County (trial court) affirming the decision of the Mount Joy Township Zoning Hearing Board (ZHB) to deny Developer's application for a special exception. We affirm.

Developer owns approximately twenty-two acres (Property) in Mount Joy Township (Township) situated at the northeast corner of the intersection...

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