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IN RE BOROUGH OF DOWNINGTOWN

No. 2342 C.D. 2013, No. 26 C.D. 2014, Nos. 75 & 76 C.D. 2014

116 A.3d 727 (2015)

Petition of the BOROUGH OF DOWININGTOWN Appeal of: Borough of Downingtown, Council of the Borough of Downingtown, Progressive Housing Ventures, LLC and J. Loew & Associates, Inc. Petition of the Borough of Downingtown Appeal of: Kim Manufacturing Company and Stewart Hall, L.P. Petition of the Borough of Downingtown Appeal of: Friends of Kardon Park and Ann Feldman.

Commonwealth Court of Pennsylvania.

Decided April 29, 2015.

Attorney(s) appearing for the Case

Robert L. Byer , Philadelphia, and Patrick M. McKenna , West Chester, for designated appellants.

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, Arm M. Feldman and Evelyn Hopkins.

Claudia M. Tesoro , Senior Deputy Attorney General, Philadelphia, for appellee Office of Attorney General.

BEFORE: DAN PELLEGRINI, President Judge, and BERNARD L. McGINLEY, Judge, and RENEE COHN JUBELIRER, Judge, and ROBERT SIMPSON, Judge, and P. KEVIN BROBSON, Judge, and PATRICIA A. McCULLOUGH, Judge, and ANNE E. COVEY, Judge.

OPINION

These matters involve the cross-appeals of the Borough of Downingtown and the Council of the Borough of Downingtown (together, the Borough), Progressive Housing Ventures, LLC and J. Loew & Associates, Inc. (together, Developers), Kim Manufacturing Company, Stewart Hall, L.P., Friends of Kardon Park, and Ann Feldman (together...

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