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CASTE v. Z. H. B. OF WHITEHALL BORO. ET AL.

No. 2907 C.D. 1981.

70 Pa.Commw. 368 (1982)

Felix Caste, Appellant v. Zoning Hearing Board of Whitehall Borough, Borough of Whitehall and Concerned Taxpayers of Whitehall, Appellees.

Commonwealth Court of Pennsylvania.

December 14, 1982.

Attorney(s) appearing for the Case

Victor R. Delle Donne, Baskin and Sears, P.C., for appellant.

James R. Duffy, for appellee, Borough of Whitehall.

T.J. Kratzenberg, Kratzenburg & Shields, P.C., for appellee, Concerned Taxpayers of Whitehall.

Argued October 6, 1982, before President Judge CRUMLISH, JR. and Judges MacPHAIL and DOYLE, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, December 14, 1982:

Felix Caste (Appellant) appeals from an order of the Court of Common Pleas of Allegheny County which affirmed the decision of the Zoning Hearing Board of the Borough of Whitehall (Board) denying Appellant's constitutional challenge to the Borough's zoning ordinance. We affirm.

Appellant is the owner of a 13.12-acre tract on which he proposes to construct two high-rise apartment buildings with approximately 210...

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