Board of Supervisors v. McDonald's Corp.

Opinion by

Judge Rogers,

This is the appeal of the Board of Supervisors of Upper Merion Township from an order of the Court of Common Pleas of Montgomery County reversing the supervisors’ refusal of a zoning curative amendment application presented by McDonald’s Corporation pursuant to Section 609.1 of the Pennsylvania Municipalities Planning Code,1 53 P.S. §10609.1. The thesis of McDonald’s Corporation, presented in its curative amendment application and in testimonial and documentary evidence adduced during the course of hearings conducted by the supervisors in March and April, 1983, is that…