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BORGER ET AL. v. TOWAMENSING T. Z. BD. OF AD.

Nos. 2458 and 2495 C.D. 1977.

39 Pa.Commw. 361 (1978)

Glenn A. Borger and Ruth L. Borger v. Towamensing Township Zoning Board of Adjustment. Township of Towamensing, Carbon County, Appellant. Glenn A. Borger and Ruth L. Borger v. Towamensing Township Zoning Board of Adjustment. Roger L. Fisher, Albert DiGregorio, Russell Frank and Chester Waibel, Appellants.

Commonwealth Court of Pennsylvania.

December 20, 1978.

Attorney(s) appearing for the Case

John F. Gibbons, for appellants, Fisher, DiGregorio, Frank and Waibel.

Roger N. Nanovic, for appellant, Township of Towamensing.

Gary F. Dobias, for appellees, Glenn A. and Ruth L. Borger.

Argued September 29, 1978, before Judges WILKINSON, JR., DISALLE and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE DISALLE, December 20, 1978:

This case involves two appeals from an order of the Court of Common Pleas of Carbon County which reversed the Towamensing Township Zoning Board of Adjustment's (Board) denial of a special exception to Glenn A. Borger and Ruth L. Borger (Applicants) and which directed the Board to issue the necessary permit. In reaching this conclusion, the court below found that the Board had committed an error of law and had abused its...

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