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BEERS v. ZONING HEARING BD. OF TOWAMENSING

No. 773 C.D. 2007.

933 A.2d 1067 (2007)

Earl W. BEERS and Susan A. Beers by P/O/A Glenn BEERS v. ZONING HEARING BOARD OF TOWAMENSING TOWNSHIP and Board of Supervisors of Towamensing Township Appeal of Board of Supervisors of Towamensing Township.

Commonwealth Court of Pennsylvania.

Decided October 1, 2007.

Attorney(s) appearing for the Case

Thomas S. Nanovic, Jim Thorpe, for appellant.

Michael B. Kaspszyk, Pocono Summit, for appellees, Earl W. Beers and Susan A. Beers by P/O/A Glenn Beers.

BEFORE: LEADBETTER, President Judge, and FRIEDMAN, Judge, and KELLEY, Senior Judge.

OPINION BY Judge FRIEDMAN.

The Board of Supervisors of Towamensing Township (Township) appeals from the March 26, 2007, order of the Court of Common Pleas of Carbon County (trial court), amended March 27, 2007, which sustained the appeal of Earl W. Beers and Susan A. Beers by P/O/A Glenn Beers (Beers) and reversed the decision of the Towamensing Township Zoning Hearing Board (ZHB). We reverse.

The Beers own two tracts of land in the Township. One is a seven...

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