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PENNSBURY VILLAGE ASSOCS v. AARON McINTYRE

No. 4 MAP 2009.s

11 A.3d 906 (2011)

PENNSBURY VILLAGE ASSOCIATES, LLC, Appellant v. AARON McINTYRE, Alma Forsyth and John Doe, Appellees.

Supreme Court of Pennsylvania.

Decided January 19, 2011.

Attorney(s) appearing for the Case

Thomas R. Wilson , Fronefield Crawford, Jr. , Jonathan P. Boughrum , Berwyn, Montgomery, McCracken, Walker & Rhoads, L.L.P., for Pennsbury Village Associates, LLC.

Ronald M. Agulnick , Ronald M. Agulnick , L.L.C., West Chester, for Appellant Amicus Curiae, Homebuilders Assoc. of Chester & Delaware Counties and PA Builders Assoc.

John Patrick Gonzales , Joseph John Santarone, Jr. , Marshall, Dennehey, Warner, Coleman & Goggin, P.C., King of Prussia, for Alma Forsyth.

David Estabrook Romine , Stephen Edward Fitzgerald , Larry D. Silver , Philadelphia, Langsam Stevens & Silver L.L.P., for Aaron McIntyre.

Kimberly A. Hummel , PA Department of Conservation & Natural Resources, for Appellee Amicus Curiae, Department of Conservation and Natural Resources.

Brian Geoffrey Glass , Citizens for Pennsylvania's Future, for Appellee Amicus Curiae, PennFuture.

CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, GREENSPAN, JJ.

OPINION

Justice EAKIN.

Appellant owns two parcels of land in Pennsbury Township, Chester County, bordering the east and west sides of a seven-acre parcel owned by the Township, on which the Township building is situated. To the south of these parcels is land the Township acquired in 1996 with funds from the Chester County Heritage Park and Open Space Municipal Grant Program; deed restrictions limit the Grant Program land's use to "open space/park...

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