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BEEKHUIS ET AL. v. Z. H. B. OF MIDDLETOWN ET AL.

No. 2591 C.D. 1979.

59 Pa.Commw. 307 (1981)

H. Albert Beekhuis and I. Thurston Knight, Appellants v. The Zoning Hearing Board of Middletown Township and Township of Middletown, Appellees.

Commonwealth Court of Pennsylvania.

May 28, 1981.

Attorney(s) appearing for the Case

Harry F. Dunn, Jr., Class, Saulnier, Dunn, Abel and Miller, for appellants.

Robert B. Surrick, Levy & Surrick, for appellees.

Argued October 9, 1980, before Judges MacPHAIL, WILLIAMS, JR. and PALLADINO, sitting as a panel of three. Reargued April 7, 1981, before President Judge CRUMLISH and Judges MENCER, ROGERS, BLATT, CRAIG, MacPHAIL and PALLADINO. Judges WILKINSON, JR., and WILLIAMS, JR. did not participate.

OPINION BY JUDGE CRAIG, May 28, 1981:

In this zoning appeal, appellant applicants ask us to reverse an order of the Delaware County Court of Common Pleas, which dismissed their appeal and sustained a decision by the Zoning Hearing Board of Middletown Township (board) denying them two building permits for dwellings on half-acre lots.

The applicants own two separate land parcels in Middletown Township, totaling 45 acres, presently zoned R-1 residential, which...

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