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EAST MARLBOROUGH TP. v. JENSEN

139 Pa.Commw. 297 (1991)

590 A.2d 1321

EAST MARLBOROUGH TOWNSHIP, Appellant, v. Richard JENSEN, Edward J. Carney, Jr. and Douglas Carney, Appellees.

Commonwealth Court of Pennsylvania.

Decided April 23, 1991.

Reargument Denied June 18, 1991.

Attorney(s) appearing for the Case

Fronefield Crawford, Jr., with him, John J. Mahoney, Crawford, Wilson, Ryan & Agulnick, P.C., West Chester, for appellant.

Edward J. Carney, Jr., Media, for appellees.

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

COLINS, Judge.

East Marlborough Township (Township) appeals from an order and opinion of the Court of Common Pleas of Chester County (Common Pleas) which partially reversed the decision of the Township's Board of Supervisors (Board) and held that the Township's zoning ordinance (ordinance) failed to provide a "fair share" of land for commercial development.

On July 24, 1986, Richard Jensen, Edward J. Carney, Jr. and Douglas F. Carney (developers) filed a challenge...

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