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BD. OF S. OF FRANKLIN TWP. v. MEALS.

No. 2574 C.D. 1979.

57 Pa.Commw. 129 (1981)

Board of Supervisors of Franklin Township, Adams County, Pennsylvania, Appellant v. J. Kermit Meals, Appellee.

Commonwealth Court of Pennsylvania.

February 26, 1981.

Attorney(s) appearing for the Case

John Wills Beach, for appellant.

No appearance for appellee.

Submitted on briefs, September 12, 1980, to Judges MENCER, CRAIG and WILLIAMS, JR., sitting as a panel of three.

OPINION BY JUDGE WILLIAMS, JR., February 26, 1981:

This case comes before the Court on appeal by the Board of Supervisors of Franklin Township from a decision of the Adams County Court of Common Pleas, invalidating Section 3.03 of the Township Building Permit Ordinance of 1974,1 which requires a thirty-five foot setback from highway right-of-way lines. The court simultaneously ordered the township to grant the requested building permit...

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