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MAIN STREET DEV'T GROUP v. TINICUM TP. BD.

No. 1054 C.D. 2010.

19 A.3d 21 (2011)

MAIN STREET DEVELOPMENT GROUP, INC. v. TINICUM TOWNSHIP BOARD OF SUPERVISORS and Tinicum Township, Appellants.

Commonwealth Court of Pennsylvania.

Decided March 21, 2011.

Reargument Denied May 12, 2011.

Attorney(s) appearing for the Case

Stephen B. Harris , Warrington, for Appellant, Tinicum Township.

Robert W. Gundlach, Jr. , Warrington, and Jordan B. Yeager , Doylestown, for Appellees.

BEFORE: LEADBETTER, President Judge, and PELLEGRINI, Judge, and COHN JUBELIRER, Judge, and LEAVITT, Judge, and BROBSON, Judge, and McCULLOUGH, Judge, and BUTLER, Judge.

OPINION BY Judge PELLEGRINI.

The Tinicum Township Board of Supervisors (Board) and Tinicum Township (Township) appeal from the order of the Court of Common Pleas of Bucks County (trial court) sustaining the land use appeal of Main Street Development Group, Inc. (Developer), finding that Section 806(i) of the Township's Zoning Ordinance (Ordinance)1 is invalid as applied to areas of the Township zoned Controlled Commercial, Commercial,...

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