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MC OUTDOOR v. BOARD OF COM'RS OF ABINGTON

No. 1510 C.D. 2012

78 A.3d 1269 (2013)

MC OUTDOOR, LLC, Appellant v. BOARD OF COMMISSIONERS OF ABINGTON TOWNSHIP.

Commonwealth Court of Pennsylvania.

Decided October 30, 2013.

Attorney(s) appearing for the Case

Gregg I. Adelman , Blue Bell, for appellant.

Kelly S. Sullivan , Media, for appellee Board of Commissioners of Abington Township.

Bruce J. Eckel , Glenside, for appellee Abington Township Zoning Hearing Board.

BEFORE: LEADBETTER, Judge, BROBSON, Judge, and FRIEDMAN, Senior Judge.

OPINION BY Judge LEADBETTER.

MC Outdoor, LLC (MC) appeals from an order of the Court of Common Pleas of Montgomery County that sustained the preliminary objections of the Abington Township Board of Commissioners (Commissioners), raising, inter alia, the pendency of a prior action and MC's failure to exhaust an available statutory remedy, and dismissed MC's complaint. In its action against the Commissioners, MC sought a declaration that the provisions of the...

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