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BORO. OF MALVERN ET AL. v. JACKSON

No. 2191 C.D. 1986.

108 Pa.Commw. 248 (1987)

529 A.2d 96

Borough of Malvern; Planning Commission of the Borough of Malvern; Elizabeth Burke; Frank Ortner and William Huffman, Appellants v. Kenneth O. Jackson, Appellee.

Commonwealth Court of Pennsylvania.

August 5, 1987.

Attorney(s) appearing for the Case

John C. Snyder, Lentz, Cantor, Kilgore & Massey, Ltd., and W. Robert Landis, with him, Douglas A. Lee, W. Robert Landis Associates, P.C., for appellants.

Lenard L. Wolffe, Pechner, Dorfman, Wolffe, Rounick & Cabot, with him, Alan B. Portnoff, Portnoff & Houpt, Ltd., attorneys for appellee.

Argued April 24, 1987, before Judges MacPHAIL and DOYLE, and Senior Judge BLATT, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, August 5, 1987:

The Borough of Malvern, the Planning Commission of the Borough of Malvern, and several landowners (Appellants) appeal an order of the Chester County Common Pleas Court reversing a decision of the Malvern Zoning Hearing Board (Board). We affirm the Common Pleas Court.

On September 19, 1984, Kenneth O. Jackson (Appellee) filed a challenge to the Borough's zoning ordinance pursuant to Sections 910 and 1004 of the Pennsylvania...

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