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SUNSET DEVELOPMENT v. BD. OF SUP'RS

143 Pa.Commw. 640 (1991)

600 A.2d 641

SUNSET DEVELOPMENT, INC., Appellant, v. BOARD OF SUPERVISORS OF EAST PIKELAND TOWNSHIP, Appellee. BOARD OF SUPERVISORS OF EAST PIKELAND TOWNSHIP, Appellant, v. SUNSET DEVELOPMENT, INC., Appellee. SUNSET DEVELOPMENT, INC., a Pennsylvania Corporation v. BOARD OF SUPERVISORS OF EAST PIKELAND TOWNSHIP and Walter Mullen Walter Mullen, Appellant.

Commonwealth Court of Pennsylvania.

Decided November 27, 1991.

Attorney(s) appearing for the Case

Joseph E. Brion and J. Edmund Mullen, for appellant/appellee, Sunset Development, Inc.

James C. McErlane and William P. Mahon, for appellee/appellant, Bd. of Supervisors of East Pikeland Tp.

Ronald C. Nagle, for appellant/intervenor, Walter Mullen.

Before CRAIG, President Judge, and COLINS, PALLADINO, McGINLEY, SMITH, PELLEGRINI and KELLEY, JJ.

SMITH, Judge.

Before this Court are the consolidated appeals of Sunset Development, Inc. (Sunset) and the Board of Supervisors of East Pikeland Township (Board) from the January 26, 1990 and July 13, 1990 orders of the Court of Common Pleas of Chester County which respectively sustained the Board's preliminary objections in the nature of a demurrer and thereby dismissed Sunset's complaint in mandamus seeking a deemed approval of its application for preliminary subdivision...

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