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Z. H. B., WILLISTOWN TP. v. LENOX HOMES, INC.

No. 1913 C.D. 1979.

64 Pa.Commw. 74 (1982)

Zoning Hearing Board of Willistown Township and the Township of Willistown, Appellants v. Lenox Homes, Inc., Appellee.

Commonwealth Court of Pennsylvania.

January 11, 1982.

Attorney(s) appearing for the Case

Robert J. Shenkin, MacElree, Harvey, Gallagher & Kean, Ltd., for appellants.

Benjamin C. Zuckerman, with him Mark C. Schultz, Spencer, Sherr, Moses and Zuckerman, P.C., for appellees.

Argued October 8, 1980, before Judges CRAIG, MacPHAIL and WILLIAMS, JR., sitting as a panel of three. Reargued November 17, 1981, before President Judge CRUMLISH, JR. and Judges MENCER, ROGERS, BLATT, WILLIAMS, JR., CRAIG and MacPHAIL.

OPINION BY JUDGE CRAIG, January 11, 1982:

This zoning appeal seeks reversal of an order of the Common Pleas Court of Chester County directing the issuance of two building permits to the appellee landowner, Lenox Homes, Inc., allowing the erection of a dwelling on each of two lots in a 23-lot plan previously given subdivision approval by Willistown Township.

Although the township issued building permits for dwellings on the other 21 lots of the plan, it had...

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