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IN RE WHARTON TP. ORDINANCE NO. 2

926 A.2d 1257 (2007)

In re Petition for Review of WHARTON TOWNSHIP ORDINANCE NO. 2 OF 2006 by Allyson V. PALLAY, Bart F. Bigham, Jason W. Ashman and Garret S. Ashman Appeal of Allyson V. Pallay, Bart F. Bigham, Jason W. Ashman and Garret S. Ashman.

Commonwealth Court of Pennsylvania.

Decided June 21, 2007.

Attorney(s) appearing for the Case

Robert W. Kennedy, Jr., Pittsburgh, for appellants.

Denise B. Simon, Uniontown, for appellee.

BEFORE: COLINS, Judge, PELLEGRINI, Judge, and S. FRIEDMAN, Judge.

OPINION BY Judge FRIEDMAN.

Allyson V. Pallay, Bart F. Bigham, Jason W. Ashman and Garret S. Ashman (Landowners) appeal from the September 22, 2006, order of the Court of Common Pleas of Fayette County (trial court) granting the Motion to Dismiss Landowners' Exceptions and Petition for Review filed by the Wharton Township Board of Supervisors (Township). We affirm.

The facts are not in dispute. On July 17, 2006, the Township adopted an ordinance that extends...

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