Pennsbury Village Associates, LLC v. McIntyre

OPINION

Justice EAKIN.

Appellant owns two parcels of land in Pennsbury Township, Chester County, bordering the east and west sides of a seven-acre parcel owned by the Township, on which the Township building is situated. To the south of these parcels is land the Township acquired in 1996 with funds from the Chester County Heritage Park and Open Space Municipal Grant Program; deed restrictions limit the Grant Program land’s use to “open space/park land/recreational purposes.” 1

In 2004, appellant applied to the Township Board of Supervisors for conditional use approval to use the east, west, and…