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BOROUGH OF DOWNINGTOWN v. KARDON PARK

No. 2392 C.D. 2010.

55 A.3d 163 (2012)

BOROUGH OF DOWNINGTOWN and Council of the Borough of Downingtow v. FRIENDS OF KARDON PARK, Ann M. Feldman, Marion Ungrich, Evely Hopkins, Progressive Housing Ventures, LLC, J. Loew & Associates, Inc., Kim Manufacturing Co., Stewart Hall, L.P. and Commonwealth of Pennsylvania, Attorney General. Appeal of: the Borough of Downingtown, Progressive Housing Ventures, LLC, and J. Loew & Associates, Inc.

Commonwealth Court of Pennsylvania.

Decided August 3, 2012.

Attorney(s) appearing for the Case

Robert L. Byer , Pittsburgh, for appellants J. Loew & Associates, Inc. and Progressive Housing Ventures, LLC.

Patrick M. McKenna , West Chester, for appellant Borough of Downingtown.

Henry F. McHugh , Media, for appellees Kim Manufacturing Company and Stewart Hall, L.P.

Samuel C, Stretton , West Chester, for appellees Friends of Kardon Park, Marion Ungrich, Evelyn Hopkins and Ann M. Feldman.

BEFORE: PELLEGRINI, President Judge, and LEADBETTER, Judge, and COHN JUBELIRER, Judge, and SIMPSON, Judge, and BROBSON, Judge, and McCULLOUGH, Judge, and CONVEY, Judge.

OPINION BY Judge McCULLOUGH.

The Borough of Downingtown (Borough), Progressive Housing Ventures, LLC (Progressive), and J. Loew & Associates, Inc. (Loew) (collectively, Developers) appeal from the October 7, 2010, order of the Court of Common Pleas of Chester County, Orphans' Court Division (trial court) denying the Borough's Petition for Approval of the Sale of Real Property (petition). We vacate and remand.

In July 2006, the Borough issued a Request...

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