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SAMERIC C. OF VAL. FORGE v. V.F. CEN. A. ET AL.

No. 3090 C.D. 1986.

102 Pa.Commw. 581 (1986)

519 A.2d 546

Sameric Corporation of Valley Forge, Appellant v. Valley Forge Center Association and Upper Merion Township, Appellees.

Commonwealth Court of Pennsylvania.

December 24, 1986.

Attorney(s) appearing for the Case

J. Shane Creamer, with him, Richard A. Sprague, Bruce L. Thall and Geoffrey R. Johnson, Sprague, Thall & Creamer, for appellant.

William J. Brennan, with him, James E. Meneses, Meneses & Dean, for appellee, Upper Merion Township.

Argued November 20, 1986, before Judges CRAIG, DOYLE and COLINS, sitting as a panel of three.

OPINION BY JUDGE CRAIG, December 24, 1986:

In this equity case involving zoning enforcement, the question is whether a trial court may resolve factual disputes, concerning compliance with shopping center parking space requirements, by considering contradictory affidavits, in lieu of receiving testimony and exhibits at an evidentiary hearing.

Factual History

Appellant Sameric Corporation...

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