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GEMINI EQUIPMENT v. BOARD OF COM'RS

146 Pa.Commw. 227 (1992)

604 A.2d 1233

GEMINI EQUIPMENT COMPANY, Appellant, v. The BOARD OF COMMISSIONERS OF SUSQUEHANNA TOWNSHIP and Blue Mountain Property Owners' Association and Mountaindale Community Association, Appellee.

Commonwealth Court of Pennsylvania.

Decided March 6, 1992.

Petition for Allowance of Appeal Denied July 21, 1992.

Attorney(s) appearing for the Case

Richard H. Wix, for appellant.

John A. Roe, for appellee.

Before CRAIG, President Judge, McGINLEY, J., and BARBIERI, Senior Judge.

CRAIG, President Judge.

Gemini Equipment Company appeals from a decision of the Court of Common Pleas of Dauphin County which upheld a decision of the Board of Commissioners of Susquehanna Township denying Gemini's proposed planned residential development (PRD). We affirm.

The issue in this case is whether an alleged violation of § 708 of the Pennsylvania Municipalities Planning Code1 (MPC), should result in the "deemed approval...

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