SCHOOL DIST. v. ZONING HEARING BD.

No. 680 C.D. 2012

64 A.3d 1152 (2013)

NORTHAMPTON AREA SCHOOL DISTRICT, Metrotek Electrical Services, Co. a/k/a Alliance Energy Group, LLC, Appellants v. ZONING HEARING BOARD OF the TOWNSHIP OF LEHIGH, Northampton County and Lehigh Township.

Commonwealth Court of Pennsylvania.

Decided April 9, 2013.


Attorney(s) appearing for the Case

Blake C. Maries , Bethlehem, for appellants.

Thomas M. Caffrey , Allentown, for appellee Zoning Hearing Board of the Township of Lehigh, Northampton County.

James F. Preston , Bethlehem, for appellee the Township of Lehigh.

BEFORE: McGINLEY, Judge, and SIMPSON, Judge, and FRIEDMAN, Senior Judge.


OPINION BY Judge McGINLEY.

Northampton Area School District (School District) and Alliance Energy Group, LLC (Applicants) appeal from the order of the Court of Common Pleas of Northampton County (common pleas court) which affirmed the Lehigh Township Zoning Hearing Board's (ZHB) denial of Applicants' request for approval to install a solar energy field as an "accessory use."

The School District owns nineteen acres in the Agricultural/Rural Residential (A/RR...

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