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MINNICK v. Z. H. B., TOWN OF McCANDLESS

Nos. 180 and 459 C.D. 1978.

40 Pa.Commw. 31 (1979)

Daniel R. Minnick et al. v. Zoning Hearing Board, Town of McCandless, Allegheny County, Pennsylvania et al. V.G. Frey, Inc., Appellant (2 cases).

Commonwealth Court of Pennsylvania.

January 22, 1979.

Attorney(s) appearing for the Case

Richard P. Jacob, for appellant.

Daniel R. Minnick, for appellee.

Argued October 30, 1978, before Judges WILKINSON, JR., ROGERS and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, JR., January 22, 1979:

This is an appeal by appellant V.G. Frey, Inc. (Frey), from a common pleas court denial of a motion to quash an original appeal from a Zoning Hearing Board (Board) decision by appellee Daniel Minnick (Minnick) for failure to post bond. Additionally the lower court ordered a remand to the Board to consider a variance. We affirm.

On September 27, 1976 Frey obtained a building permit from the Zoning Hearing Officer...

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