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HARVIN v. BOARD OF COMMISSIONERS

No. 1189 C.D. 2010.

33 A.3d 709 (2011)

Keith HARVIN and Harvin Properties, LLC v. The BOARD OF COMMISSIONERS OF UPPER CHICHESTER TOWNSHIP, Appellant.

Commonwealth Court of Pennsylvania.

Decided December 2, 2011.

Reargument Denied January 17, 2012.

Attorney(s) appearing for the Case

Howard J. Gallagher, III , Media, for appellant.

Michael P. Dignazio , Media, for appellees.

BEFORE: LEADBETTER, President Judge, and BROBSON, Judge, and KELLEY, Senior Judge.

OPINION BY Senior Judge KELLEY.

The Board of Commissioners (Board) of Upper Chichester Township (Township) appeals the order of the Court of Common Pleas of Delaware County (trial court) granting the appeal of Keith Harvin and Harvin Properties, LLC (Applicant) of the Board's decision denying Landowner's Application for Tentative Plan Approval (Application) of a Subdivision and Land Development Plan (Plan), and directing that the Plan may proceed as if approved subject...

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