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L.U. GINTER, INC. v. BORO. OF ATGLEN et al.

Appeal, No. 123 C.D. 1972.

6 Pa.Commw. 430 (1972)

Lawrence U. Ginter, Inc. v. Borough of Atglen, et al.

Commonwealth Court of Pennsylvania.

November 1, 1972.

Attorney(s) appearing for the Case

Norman J. Pine, for appellant.

William H. Lamb, with him Lamb, Windle & McErlane, for appellee.

Argued October 3, 1972, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER and BLATT. Judge ROGERS disqualified himself and did not participate.

OPINION BY PRESIDENT JUDGE BOWMAN, November 1, 1972:

This is an appeal from an order of the Court of Common Pleas of Chester County directing the Borough of Atglen to issue a building permit for the construction of twenty-four apartments.

Lawrence U. Ginter, Inc. (Ginter), the appellee, owns an undeveloped tract of land in the Borough of Atglen, Chester County, consisting of approximately five acres. On March 30, 1971, Ginter filed an application for a building...

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