Caln Nether Co., L.P. v. Board of Supervisors

OPINION BY

Judge SIMPSON.

In this land use appeal, Cain Nether Company, L.P. (Landowner) challenged the Thornbury Zoning Ordinance of 1983, as amended, (Ordinance) as exclusionary, alleging it failed to provide for “new and used car dealership” use. The Thornbury Township Board of Supervisors (Supervisors) rejected Landowner’s challenge and proposed curative amendment, concluding the Ordinance permitted a car dealership in the Township’s “B” Business District under the undefined “retail store” use classification. The Chester County Court of Common Pleas (trial court) affirmed. This appeal by…