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IN RE ARNOLD

No. 147 C.D. 2008.

984 A.2d 1 (2009)

In re The Appeal of Edward H. ARNOLD, V. Rita Goe and Harrall Robinson from the Decision of North Cornwall Township Board of Supervisors. In re The Appeal of Citizens for Responsible Growth, Ellie Salahub and Mary Jane Smith from the Decision of North Cornwall Township Board of Supervisors Regarding the Wal-Mart. Appeal of Citizens for Responsible Growth, Ellie Salahub, Mary Jane Smith, Edward H. Arnold and V. Rita Goe.

Commonwealth Court of Pennsylvania.

Decided August 13, 2009.

Ordered Published November 5, 2009.

Attorney(s) appearing for the Case

J. Dwight Yoder, Lancaster, for appellants.

John C. Goodchild, III and Abby J. Kaplan, Philadelphia, for appellee, Wal-Mart Real Estate Business Trust.

BEFORE: LEADBETTER, President Judge, COHN JUBELIRER, J., and McCLOSKEY, Senior Judge.

OPINION BY President Judge LEADBETTER.

Appellants appeal the grant of a conditional use application by the North Cornwall Township Board of Supervisors (Board), which permits the construction of a 225,000 square foot Wal-Mart Supercenter and Tire Lube Express store.

The subject of this dispute is 38.5 acres of land (Property) located along Cornwall Road in North Cornwall Township (Township) owned by the Wal-Mart Real...

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