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SPRINGWOOD v. BD. OF SUP'RS OF N. CORNWALL

No. 472 C.D. 2008, No. 473 C.D. 2008.

985 A.2d 298 (2009)

SPRINGWOOD DEVELOPMENT PARTNERS, L.P. v. BOARD OF SUPERVISORS OF NORTH CORNWALL TOWNSHIP; Michael "Kip" Kelly; Mary Jane Smith; V. Rita Goe; Carolyn Tobias; Walter Houtz; and Francis Arnold, Appeal of Mary Jane Smith, V. Rita Goe, Carolyn Tobias, Walter Houtz and Francis Arnold. Springwood Development Partners, L.P. v. Board of Supervisors of North Cornwall Township; Michael "Kip" Kelly; Mary Jane Smith; V. Rita Goe; Carolyn Tobias; Walter Houtz; and Francis Arnold, Appeal of Board of Supervisors of North Cornwall Township and Michael "Kip" Kelly.

Commonwealth Court of Pennsylvania.

Decided August 20, 2009.

Reargument Denied October 15, 2009.

Attorney(s) appearing for the Case

J. Dwight Yoder, Lancaster, for appellants, Mary Jane Smith, V. Rita Goe, Carolyn Tobias, Walter Houtz and Francis Arnold.

Barry W. Sawtelle, Wyomissing, for appellants, Board of Supervisors of North Cornwall Township and Michael "Kip" Kelly.

Helen L. Gemmill, Harrisburg, for appellee, Springwood Development Partners, L.P.

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

OPINION BY President Judge LEADBETTER.

North Cornwall Township and a number of individuals appeal the entry of a Preliminary Injunction and denial of Motion to Dissolve or Modify the Preliminary Injunction by the Court of Common Pleas of Lebanon County.

This case, which is one of several related cases currently pending both before common pleas and this Court,1 results from the re-zoning...

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