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IN RE MAIBACH, LLC

No. 2369 C.D. 2010.

26 A.3d 1213 (2011)

In re: Appeal of MAIBACH, LLC from the Decision of the Board of Supervisors of Rapho Township. Appeal of: Rapho Township.

Commonwealth Court of Pennsylvania.

Decided July 26, 2011.

Attorney(s) appearing for the Case

Matthew J. Creme, Jr. , Lancaster, for appellant.

Josele Cleary , Lancaster, for appellee Fire Department of Mount Joy.

J. Dwight Yoder , Lancaster, for appellee Maibach, LLC.

BEFORE: PELLEGRINI, Judge, and COHN JUBELIRER, Judge, and FEUDALE, Senior Judge.

OPINION BY Senior Judge FEUDALE.

Rapho Township (Township) appeals the October 5, 2010 order of the Court of Common Pleas of Lancaster County (trial court) sustaining Maibach, LLC's (Applicant) appeal of a decision of the Rapho Township Board of Commissioners (Board). The Board granted Applicant's conditional use application, subject to 98 conditions, to operate an ethanol production facility in the Township. The trial court determined that Condition 66, below, constituted...

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