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MIRAVICH v. TOWNSHIP OF EXETER, BERKS CTY.

No. 1913 C.D. 2011.

54 A.3d 106 (2012)

John J. MIRAVICH and Patricia J. Miravich, Sue Davis-Haas, Richard H. Haas, Ida C. Smith, Zildia Perez, Leon Perez, Donna Galczynski, Kevin Galczynski, Alan Ganas, Renee Froelich and Scott Matthews, Appellants, v. TOWNSHIP OF EXETER, BERKS COUNTY, Pennsylvania and Metrodev V, LP.

Commonwealth Court of Pennsylvania.

Decided September 7, 2012.

Reargument Denied November 1, 2012.

Attorney(s) appearing for the Case

Osmer S. Deming , Reading, and John J. Miravich , Exton, for appellants.

John J. Mahoney , Chester Springs , for appellee Township of Exeter, and Michael A. Setley, Wyomissing, for appellee, Metrodev V, LP.

BEFORE: LEADBETTER, Judge, and COVEY, Judge, and FRIEDMAN, Senior Judge.

OPINION BY Senior Judge FRIEDMAN.

John J. and Patricia J. Miravich, Sue Davis-Haas, Richard H. Haas, Ida C. Smith, Zildia and Leon Perez, Donna and Kevin Galczynski, Alan Ganas, Renee Froelich, and Scott Matthews (Protestants) appeal from the September 12, 2011, order of the Court of Common Pleas of Berks County (trial court) denying their land use appeal. We affirm in part, reverse in part and remand for reconsideration in light of this opinion.

Protestants...

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