In September of 2005, Gallagher filed a complaint seeking a judgment declaring that Township does not have the power to revoke the 1977 approved and recorded final plan for Maltese Estates and that the one acre lots depicted on the final plan can be sold and conveyed as individual lots pursuant to the plan. SMITH-RIBNER, Judge HONORABLE JIM FLAHERTY, Senior Judge OPINION BY SENIOR JUDGE FLAHERTY FILED: MaChestnuthill Township (Township) appeals from an order of the Court of Common Pleas of Monroe County (trial court) which denied Township s posttrial motion to vacate the trial court s Decemverdict, wherein the trial court concluded that William Gallagher and Christine Gallagher (Gallagher) are entitled to a variance from the minimum size lot requirement in the R-1 zoning district. 2008 : Argued: Febru: : : HONORABLE BONNIE BRIGANCE LEADBETTER, President Judge HONORABLE DORIS A. Chestnuthill Township, Appellant BEFORE: : : : : No. IN THE COMMONWEALTH COURT OF PENNSYLVANIA William Gallagher and Christine Gallagher, his wife v.
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