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BR ASSOCIATES v. BOARD OF COM'RS

No. 775 C.D. 2015

136 A.3d 548 (2016)

BR ASSOCIATES, a Pennsylvania General Partnership, Appellant v. BOARD OF COMMISSIONERS OF THE TOWNSHIP OF UPPER ST. CLAIR v. Rodney Ardolino and Tammy Ardolino, husband and wife, and Joyce Mendenhall.

Commonwealth Court of Pennsylvania.

Decided May 5, 2016.

Attorney(s) appearing for the Case

Sandy B. Garfinkel , Pittsburgh, for appellant.

Richard B. Tucker, III , Pittsburgh, for appellee Township of Upper St. Clair Board of Commissioners.

Kenneth J. Yarsky, II , Pittsburgh, for appellees Rodney Ardolino, Tammy Ardolino, and Joyce Mendenhall.

BEFORE: MARY HANNAH LEAVITT, President Judge, and ROBERT SIMPSON, Judge, and DAN PELLEGRINI, Senior Judge.

In this land use appeal, BR Associates (Objector), a general partnership which owns a business park with approximately 36 commercial tenants, appeals from an order of the Court of Common Pleas of Allegheny County1 (trial court) that affirmed a decision of the Board of Commissioners (Board) of...

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