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WILLISTOWN TWP. v. CHESTER. FARMS, INC.

Appeal, No. 647 C.D. 1971.

7 Pa.Commw. 453 (1973)

Willistown Township v. Chesterdale Farms, Inc.

Commonwealth Court of Pennsylvania.

February 1, 1973.

Attorney(s) appearing for the Case

John O. Platt, Jr., with him Thomas R. Kellogg and MacElree, Platt & Harvey, for appellant.

Lawrence E. Wood, for appellee.

Argued December 6, 1971, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER and ROGERS. Judge MANDERINO did not participate. Reargued October 5, 1972, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER and BLATT. Judge ROGERS disqualified himself and did not participate.

OPINION PER CURIAM, February 1, 1973:

NOW, February 1, 1973, after argument before the Court en banc, the Court being equally divided, the appeal is thereby rendered non-justiciable and the order of the lower court is hereby affirmed.

OPINION BY JUDGE MENCER IN SUPPORT OF AFFIRMANCE:

This is a zoning appeal from a decision of the Court of Common Pleas of Chester County which concerned a request for a building permit to erect and operate 480 apartment...

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