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ROBAL ASSOC. v. BD. OF SUP'RS CHARLESTOWN

No. 2079 C.D. 2008.

999 A.2d 630 (2010)

ROBAL ASSOCIATES, INC. v. BOARD OF SUPERVISORS OF CHARLESTOWN TOWNSHIP, Appellant.

Commonwealth Court of Pennsylvania.

Decided June 23, 2010.

Attorney(s) appearing for the Case

Mark P. Thompson and Scot R. Withers, West Chester, for appellant.

James S. Tupitza, West Chester, for appellee.

BEFORE: LEADBETTER, President Judge, and McGINLEY, Judge, and SIMPSON, Judge, and LEAVITT, Judge, and BROBSON, Judge, and McCULLOUGH, Judge, and BUTLER, Judge.

OPINION BY Judge SIMPSON.

We granted reconsideration in this land use appeal to again analyze whether the Board of Supervisors of Charlestown Township (Board) erred in denying the application of Robal Associates, Inc. (Robal) for tentative approval of a Planned Residential Development (PRD) and for associated conditional uses. As part of our grant of reconsideration, we withdrew our prior opinion, which affirmed the decision of the Court of Common Pleas of Chester...

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