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BORO. OF BROOKHAVEN v. ZON. H. BD. ET AL.

No. 2530 C.D. 1979.

58 Pa.Commw. 436 (1981)

Borough of Brookhaven, Appellant v. The Zoning Hearing Board of the Borough of Brookhaven and Manuel M. Luz, Appellees.

Commonwealth Court of Pennsylvania.

April 10, 1981.

Attorney(s) appearing for the Case

James P. Gannon, Beagan, Gannon & Barnard, for appellant.

Vincent B. Mancini, with him Robert James Jackson, Kassab, Cherry, Curran & Archbold, for appellee, Manuel M. Luz.

Argued March 3, 1981, before President Judge CRUMLISH and Judges WILKINSON, JR., MENCER, ROGERS, BLATT, CRAIG, MacPHAIL, WILLIAMS, JR. and PALLADINO.

OPINION BY JUDGE CRAIG, April 10, 1981:

In this zoning case, the Borough of Brookhaven questions an order, by the Court of Common Pleas of Delaware County, which quashed the borough's appeal from a decision of the Brookhaven Borough Zoning Hearing Board (board) on the ground that the appeal was not timely, under Foltz v. Zoning Hearing Board of Monroeville, 13 Pa.Commw. 309

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