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IN RE APPEAL OF LYNCH COM. HOMES, INC.

No. 1794 C.D. 1987.

123 Pa.Commw. 278 (1989)

554 A.2d 155

In Re: Appeal of Lynch Community Homes, Inc. From The Decision of The Zoning Hearing Board of Upper Moreland Township. Lynch Community Homes, Inc., Appellant.

Commonwealth Court of Pennsylvania.

February 1, 1989.

Attorney(s) appearing for the Case

Elias S. Cohen, for appellant.

George B. Ditter, Jenkins, Tarquini & Jenkins, for appellee, Upper Moreland Township.

Jon Pushinsky, with him, Michael L. Rosenfield, Pushinsky & Rosenfield, for Amicus Curiae, Association for Retarded Citizens, Allegheny County Chapter.

Howard Ulan, Assistant Counsel for Amicus Curiae, Department of Public Welfare.

Argued June 15, 1988, before Judge SMITH, and Senior Judges KALISH and NARICK, sitting as a panel of three.

OPINION BY JUDGE SMITH, February 1, 1989:

Lynch Community Homes, Inc. (Appellant) appeals from the order of the Court of Common Pleas of Montgomery County which sustained the decision of the Upper Moreland Township Zoning Hearing Board (Board) denying Appellant's application for a special exception1 to operate a home for retarded persons in Upper Moreland Township's (Township) R-3 Residential District. Issues presented for review are whether...

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