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ATLANTIC REFINING v. ZONING HEARING BD.

133 Pa.Commw. 261 (1990)

575 A.2d 961

ATLANTIC REFINING & MARKETING COMPANY v. The ZONING HEARING BOARD OF UPPER MERION TOWNSHIP and The Board of Supervisors of Upper Merion Township. Appeal of The BOARD OF SUPERVISORS OF UPPER MERION TOWNSHIP.

Commonwealth Court of Pennsylvania.

Decided May 25, 1990.

Reargument Denied July 18, 1990.

Attorney(s) appearing for the Case

Gregory J. Dean, King of Prussia, for appellant.

John M. Phelan, Phillips and Phelan, Philadelphia, for appellee.

Before CRAIG and COLINS, JJ., and SILVESTRI, Senior Judge.

COLINS, Judge.

The Board of Supervisors of Upper Merion Township (appellant) appeals from an order of the Court of Common Pleas of Montgomery County (trial court) reversing the decision of the Upper Merion Township Zoning Hearing Board (Board) which denied Atlantic Refining & Marketing Company (appellee) its variance request for installation of a canopy to cover two gas pump islands located on appellee's gas station. We reverse.

On December 21, 1987, appellee...

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