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SCHLEGEL, ET AL. v. NORTHAMPTON Z. H. B.

Nos. 678 and 679 C.D. 1975.

24 Pa.Commw. 183 (1976)

Barton E. Schlegel and Lucille J. Schlegel, his wife, and John C. Yastrzab and Caroline Yastrzab, his wife, Appellants v. Zoning Hearing Board of the Borough of Northampton and Market Operators, Inc., Appellees. (2 cases)

Commonwealth Court of Pennsylvania.

March 31, 1976.

Attorney(s) appearing for the Case

Martin Cohen, with him Robert M. Davison, for appellants.

Robert C. McFadden, for appellee.

Argued March 1, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., and BLATT. Judges MENCER and ROGERS did not participate.

OPINION BY JUDGE WILKINSON, March 31, 1976:

On September 26, 1974, the appellee zoning hearing board granted appellee corporation a variance to permit a change from one nonconforming use to another, thereby allowing the construction and operation of a retail food supermarket. Appellants, neighboring landowners, appealed that decision to the Court of Common Pleas of Northampton County on October 16, 1974. However, pursuant to Section 1008 (4) of the Pennsylvania Municipalities...

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