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SOUTHCO, INC. v. CONCORD TP.

552 Pa. 66 (1998)

713 A.2d 607

SOUTHCO, INC. and Contact II, Inc., Appellants, v. CONCORD TOWNSHIP, Concord Township Board of Supervisors and United Artist Realty Company, Appellees.

Supreme Court of Pennsylvania.

Decided May 20, 1998.

Attorney(s) appearing for the Case

Michael F.X. Gillin, Media, for Southco, Inc.

John J. Mezzanotte, Jr., Media, for Contact II, Inc.

John W. Wellman, Media, for Tp. of Concord and Concord Tp. Bd. of Supervisors.

Michael J. Lyons, Christopher Bailey, Chadds Ford, for United Artists Realty, Co.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.

OPINION OF THE COURT

CASTILLE, Justice.

This Court granted allocatur in this matter in order to address two related issues. The first issue is whether a proposed use in a land development application to operate a "Turf Club" which would offer food and beverage service as well as wagering on simulcasted horse races constitutes a permitted restaurant use under the Concord Township Zoning Ordinance. If the proposed Turf Club constitutes a permitted...

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