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SOUTHERN CHESTER COUNTY v. ZONING BD.

937 A.2d 1141 (2007)

SOUTHERN CHESTER COUNTY CONCERNED CITIZENS ORGANIZATION, Appellant v. The ZONING BOARD OF LOWER OXFORD TOWNSHIP, Michael Losito and Andrew Jones.

Commonwealth Court of Pennsylvania.

Decided November 29, 2007.

Reargument Denied January 18, 2008.

Attorney(s) appearing for the Case

Vivian B. Narehood, Lancaster, for appellant.

George A. Brutscher, Kennett Square, for appellees, Michael Losito and Andrew Jones.

BEFORE: FRIEDMAN, Judge, SIMPSON, Judge, and McCLOSKEY, Senior Judge.

OPINION BY Judge FRIEDMAN.

Southern Chester County Concerned Citizens Organization (SCCCCO) appeals from the March 7, 2007, order of the Court of Common Pleas of Chester County (trial court) granting the motion filed by Michael Losito and Andrew Jones to strike SCCCCO's land use appeal. We affirm.

The facts are not in dispute. On August 29, 2005, Losito and Jones submitted an application to the Zoning Hearing Board of Lower Oxford Township (ZHB), which included...

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