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IN RE COSTCO WHOLESALE CORP.

No. 2095 C.D. 2011

49 A.3d 535 (2012)

In re: Appeal of COSTCO WHOLESALE CORPORATION from the Decision Dated December 30, 2010, of the Zoning Hearing Board of Montgomery County. Appeal of: Costco Wholesale Corporation.

Commonwealth Court of Pennsylvania.

Decided July 31, 2012.

Attorney(s) appearing for the Case

Marc D. Jonas , Blue Bell, for appellant.

Frank R. Bartle , Lansdale, for appellee Montgomery Township.

BEFORE: LEADBETTER, Judge, and LEAVITT, Judge, and COLINS, Senior Judge.

OPINION BY Judge LEAVITT.

Costco Wholesale Corporation (Costco) appeals an order of the Court of Common Pleas of Montgomery County (trial court) holding that Costco's proposal to install a gasoline filling station adjacent to its retail store was not permitted as an accessory use. The trial court construed the provision of the Zoning Ordinance that permits "shops, stores or other indoor facilities" for retail sales not to include a gasoline service station, which...

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