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O'MALIA ET UX. v. COUNCIL, WILKES-BARRE T.

No. 1019 C.D. 1977.

38 Pa.Commw. 121 (1978)

John O'Malia and Lillian O'Malia, his wife v. Council of the Township of Wilkes-Barre, Sitting as the Zoning Hearing Board of Wilkes-Barre Township. Council of the Township of Wilkes-Barre, Appellant.

Commonwealth Court of Pennsylvania.

October 12, 1978.

Attorney(s) appearing for the Case

Kenneth C. Marano, with him Chester B. Muroski, for appellant.

Stephen B. Killian, for appellees.

Argued April 7, 1978, before Judges WILKINSON, JR., BLATT and DiSALLE, sitting as a panel of three.

OPINION BY JUDGE BLATT, October 12, 1978:

The Council of Wilkes-Barre Township, sitting as a zoning hearing board (Township), has appealed from an order of the Court of Common Pleas of Luzerne County which reversed the Township's denial of a petition for rezoning brought by John and Lillian O'Malia (O'Malias).

The O'Malias are the owners of a tract of land containing approximately 1.3 acres on which...

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