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BD. OF COMM., T. OF L. MERION v. APP. DEV. C.

No. 587 C.D. 1988.

121 Pa.Commw. 413 (1988)

551 A.2d 1

Board of Commissioners of The Township of Lower Merion, Appellant v. Appaloosa Development Corporation and Albert F. W. Vick and Edith F. Vick, his wife, Appellees.

Commonwealth Court of Pennsylvania.

December 2, 1988.

Attorney(s) appearing for the Case

Gilbert P. High, Jr., High, Swartz, Roberts & Seidel, for appellant.

Thomas J. Burke, Sr., Haws & Burke, for appellees.

Argued September 16, 1988, before Judges COLINS and SMITH, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY SENIOR JUDGE KALISH, December 2, 1988:

Appellant, the Board of Commissioners of the Township of Lower Merion, (Board), appeals from an order of the Common Pleas Court of Montgomery County, which granted a motion for judgment on the pleadings in favor of Appaloosa Development Corporation, Albert Vick, and Edith Vick (appellees).

Appellees own a tract of land in Lower Merion Township, Montgomery County (Township). In November, 1985, appellees submitted...

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