HELLAM TP. v. ZONING HEARING BD.


941 A.2d 746 (2008)

HELLAM TOWNSHIP, Appellant v. HELLAM TOWNSHIP ZONING HEARING BOARD and Patton Homes, Inc.

Commonwealth Court of Pennsylvania.

Decided January 16, 2008.


Attorney(s) appearing for the Case

D. Michael Craley, Red Lion, for appellant.

Bradley J. Leber, York, for appellee, Patton Homes, Inc.

BEFORE: SMITH-RIBNER, Judge, and SIMPSON, Judge, and FLAHERTY, Senior Judge.


OPINION BY Senior Judge FLAHERTY.

Hellam Township (Township) appeals from an order of the Court of Common Pleas of York County (trial court) which affirmed the decision of the Hellam Township Zoning Hearing Board (Board) that determined that a development plan submitted in 2001 (2001 plan) by Valley Acres, Inc. was substantially similar to a plan submitted in 1996 (1996 plan) by Patton Homes, Inc. (Patton) such that ordinances in effect in 1996 governed the review...

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