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VICTORIA GARDENS CONDOMINIUM ASS'N. v. KENNETT TP. OF CHESTER

No. 1652 C.D. 2009.

23 A.3d 1098 (2011)

VICTORIA GARDENS CONDOMINIUM ASSOCIATION, Appellant v. KENNETT TOWNSHIP OF CHESTER COUNTY, Allan Falcoff, Mike Elling, Robert Hammaker, Herron Hill Properties, LLC, Victoria Gardens, L.P., a Pennsylvania limited partnership, by its General Partner, Longwood Crossing Properties, LLC and Yorktown Properties, LLC.

Commonwealth Court of Pennsylvania.

Decided January 21, 2011.

Publication Ordered April 21, 2011.

Attorney(s) appearing for the Case

Michael J. Clement , Blue Bell, for appellant.

John J. Mahoney and Eric M. Brown , Chester Springs , for appellees.

Before: COHN JUBELIRER, Judge, and BROBSON, Judge, and KELLEY, Senior Judge.

OPINION BY Senior Judge KELLEY.

Victoria Gardens Condominium Association (Association) appeals the order of the Court of Common Pleas of Chester County (trial court) sustaining the preliminary objections of Kennett Township of Chester County1, Allan Falcoff, Mike Elling and Robert Hammaker (collectively, "Township Defendants")2, and dismissing Counts I and V of the...

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