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200 W. MONTGOMERY v. ZONING HEARING BD.

No. 625 C.D. 2009.

985 A.2d 996 (2009)

200 W. MONTGOMERY AVE. ARDMORE, LLC, Appellant v. ZONING HEARING BOARD OF LOWER MERION TOWNSHIP and Township of Lower Merion.

Commonwealth Court of Pennsylvania.

Decided December 14, 2009.

Attorney(s) appearing for the Case

Daniel K. McCarthy, Allentown, for appellant.

Sean P. Flynn, Bridgeport, for appellee, Zoning Hearing Board of Lower Merion Township.

BEFORE: SIMPSON, Judge, and BUTLER, Judge, and QUIGLEY, Senior Judge.

OPINION BY Judge BUTLER.

200 W. Montgomery Ave. Ardmore, LLC (Applicant) appeals the February 26, 2009 order of the Court of Common Pleas of Montgomery County (trial court) affirming the decision of the Lower Merion Township Zoning Hearing Board (Board) denying Applicant's request for a special exception, or in the alternative, use and dimensional variances. There are essentially four issues before this Court: (1) whether the Board abused its discretion and/or erred...

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