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MICHAELS DEV. CO., INC. v. BENZINGER TWP.

No. 2063 C.D. 1978.

50 Pa.Commw. 281 (1980)

Michaels Development Company, Inc. et al. v. Benzinger Township Board of Supervisors. Robert J. Makufka et al., Appellants.

Commonwealth Court of Pennsylvania.

April 1, 1980.

Attorney(s) appearing for the Case

David A. Whitney, with him Cartwright, Fernan & Whitney, for appellants, Concerned Citizens of Benzinger Township.

Thomas G. Wagner, for appellee, Benzinger Township Board of Supervisors.

Victor R. Delle Donne, with him Baskin & Sears, for appellees, Michaels Development Company, Inc., and Michael J. Levitt.

Argued June 4, 1979, before Judges WILKINSON, JR., ROGERS and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, April 1, 1980:

The Benzinger Township Board of Supervisors (Board) and Robert J. Makufka and other concerned citizens of Benzinger Township (Intervenors) appeal from an order of the Court of Common Pleas of Elk County, which vacated a decision of the Board.1 After taking additional testimony, the trial court granted tentative approval with conditions attached to the application of Michaels Development Company...

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