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BARTKOWSKI INV. GROUP, INC. v. BOARD OF COM'RS

No. 1320 C.D. 2010.

18 A.3d 1259 (2011)

BARTKOWSKI INVESTMENT GROUP, INC., Appellant v. BOARD OF COMMISSIONERS OF MARPLE TOWNSHIP.

Commonwealth Court of Pennsylvania.

Decided April 15, 2011.

Attorney(s) appearing for the Case

Gregg I. Adelman , Blue Bell, for appellant.

James J. Byrne, Jr. , Media, for appellee.

BEFORE: COHN JUBELIRER, Judge, and BROBSON, Judge, and McCULLOUGH, Judge.

OPINION BY Judge BROBSON.

Appellant Bartkowski Investment Group, Inc. (BIG) appeals from an order of the Court of Common Pleas of Delaware County (trial court), which granted summary judgment in favor of the Marple Township Board of Commissioners (Township) in two actions filed by BIG—(1) a procedural validity challenge to a Township ordinance under Section 5571.1 of the Judicial Code, 42 Pa.C.S. § 5571.1 (Procedural Challenge); and (2) a complaint for...

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