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MILL VALLEY ASSOC. v. ZONING HEAR. BD.

126 Pa.Commw. 340 (1989)

559 A.2d 985

MILL VALLEY ASSOCIATES, Appellant, v. ZONING HEARING BOARD OF TREDYFFRIN TOWNSHIP and Tredyffrin Township Board of Supervisors, Appellees.

Commonwealth Court of Pennsylvania.

Decided May 30, 1989.

Attorney(s) appearing for the Case

John C. Snyder, Sean A. O'Neill, and Lentz, Cantor, Kilgore & Massey, Ltd., Paoli, for appellant.

John S. Halstead, West Chester, for appellees.

Ronald C. Nagle, Buckley, Nagle, Gentrey, McGuire & Morris, West Chester, for Tredyffrin Bd. of Supervisors.

Before CRAIG and Judge BARRY, JJ., and NARICK, Senior Judge.

OPINION

BARRY, Judge.

Mill Valley Associates (Mill Valley) appeals an order of the Court of Common Pleas of Chester County which affirmed a decision of the Zoning Hearing Board of Tredyffrin Township (ZHB) denying its constitutional challenge to the R-½ minimum lot size requirement of the Tredyffrin Township Zoning Ordinance (ordinance). We reverse.

Mill Valley, an equitable owner of seventy-four acres of land, sought to develop its tract to...

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