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HIGHWAY MATERIALS, INC. v. BD. OF SUPERVISORS

No. 1321 C.D. 2008, No. 1375 C.D. 2008.

974 A.2d 539 (2009)

HIGHWAY MATERIALS, INC. v. BOARD OF SUPERVISORS OF WHITEMARSH TOWNSHIP, Appellant. Highway Materials, Inc. v. Board of Supervisors of Whitemarsh Township and Donald Cohan, Trina Cohan, Paul Henkels and Barbara Henkels, Appeal of Donald Cohan, Trina Cohan, Paul Henkels and Barbara Henkels.

Commonwealth Court of Pennsylvania.

Decided May 21, 2009.

Attorney(s) appearing for the Case

Ross Weiss, West Conshohocken, for appellant, Board of Supervisors of Whitemarsh Township.

James J. Garrity, Blue Bell, for appellee, Highway Materials, Inc.

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

OPINION BY Judge BUTLER.

The Board of Supervisors of Whitemarsh Township (Board) and Donald Cohan, Trina Cohan, Paul Henkels and Barbara Henkels (Intervenors) appeal from an order of the Court of Common Pleas of Montgomery County (trial court) granting the appeal of Highway Materials, Inc. (Highway), reversing the decision of the Board, and remanding Highway's preliminary land development application to the Board for further review.1 The...

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