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ALBERT v. ZONING HEARING BD.

165 M.D. Appeal Docket 2002.

854 A.2d 401 (2004)

Dawn ALBERT, d/b/a The Waverly Retreat v. ZONING HEARING BOARD OF NORTH ABINGTON TOWNSHIP North Abington Township v. Zoning Hearing Board of North Abington Township Ernest J. D'Agata and Hollis D'Agata, his Wife and William D. Donahoe and Mary Carroll Donahoe, his Wife and Charles Curtain, M.D. and Judith Curtain, his Wife v. Zoning Hearing Board of North Abington Township. Appeal of Ernest J. D'Agata and Hollis D'Agata, his Wife and William D. Donahoe and Mary Carroll Donahoe, his Wife and Charles Curtain, M.D. and Judith Curtain, his Wife.

Supreme Court of Pennsylvania.

Decided July 20, 2004.

Attorney(s) appearing for the Case

Sandra D. Boyle, Esq., William A. Aileo, Esq., Nicholson, for North Abington Township.

Kevin Christopher Quinn, Esq., for Ernest, et al D'Agata.

Bruce Louis Coyer, Esq., Paul A. Barrett, Esq., Scranton, for Zoning Hearing Board of North Abington Township.

George E. Clark, Esq., Chinchilla, for Dawn Albert, d/b/a The Waverly Retreat.

BEFORE: CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and LAMB, JJ.

OPINION

Justice NIGRO.

This appeal raises the issue of whether the Commonwealth Court erred in granting a license for the operation of a halfway house for recovering alcoholics and drug-addicts in a residential zoning district based on its conclusion that the facility qualified as a "single-family detached dwelling" under the local zoning ordinance. For the following reasons, we conclude that it did err and therefore reverse.

On January 13...

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