IN RE: APPEAL OF FRANK MERLINO

No. 904 C.D. 1974.

19 Pa.Commw. 143 (1975)

In Re: Appeal of Frank Merlino from Refusal of Plains Township Board of Commissioners to Amend Zoning Ordinance. Plains Township Board of Commissioners, Appellant.

Commonwealth Court of Pennsylvania.

May 21, 1975.


Attorney(s) appearing for the Case

Joseph C. Giebus, for appellant.

Hugh J. O'Connell, for appellee.

Argued April 1, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE KRAMER, May 21, 1975:

This is an appeal filed by the Plains Township Board of Commissioners (Township) from an order dated June 13, 1974 of the Court of Common Pleas of Luzerne County sustaining an appeal of Frank Merlino (Merlino) from an order of the governing body of the Township denying Merlino's request for a rezoning of certain realty. The order of the court below also directed the governing body to rezone.

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