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IN RE PROVCO PINEGOOD SUMNEYTOWN, LLC

No. 1554 C.D. 2018.

216 A.3d 512 (2019)

IN RE: Appeal of PROVCO PINEGOOD SUMNEYTOWN, LLC From The Decision Dated December 4, 2017 of The Board of Commissioners of Upper Gwynedd Township. Appeal of: Provco Pinegood Sumneytown, LLC.

Commonwealth Court of Pennsylvania.

Decided July 29, 2019.

Reargument Denied September 23, 2019.

Attorney(s) appearing for the Case

Marc B. Kaplin , Blue Bell, for Appellant.

James J. Garrity and Scott C. Denlinger , Blue Bell, for Appellee The Board of Commissioners of Upper Gwynedd Township.

David J. Brooman , Norristown, for Appellee Merck & Co., Inc.

BEFORE: HONORABLE MARY HANNAH LEAVITT, President Judge, HONORABLE ROBERT SIMPSON, Judge, HONORABLE ELLEN CEISLER, Judge.

I. Introduction

In this land use appeal, Provco Pinegood Sumneytown, LLC (Developer) appeals from an order of the Court of Common Pleas of Montgomery County (trial court) that affirmed a December 2017 decision by the Upper Gwynedd Township (Township) Board of Commissioners (Commissioners) denying Developer's second...

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