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FRACKVILLE A. MUN. A. v. BUTLER TWP. Z. H. B.

No. 234 C.D. 1982.

69 Pa.Commw. 416 (1982)

Frackville Area Municipal Authority, Appellant v. The Zoning Hearing Board of Butler Township, Butler Township and the Borough of Ashland, Appellees.

Commonwealth Court of Pennsylvania.

October 21, 1982.

Attorney(s) appearing for the Case

Paul Domalakes, with him John E. Domalakes, Rubright, Domalakes, Troy & Miller, for appellant.

Frank J. Toole, Toole, Toole & Toole, for appellees, the Zoning Hearing Board of Butler Township and Butler Township.

Jan P. Paden, Rhoads, Sinon & Hendershot, for intervening appellee, The Borough of Ashland.

Argued September 16, 1982, before Judges BLATT, WILLIAMS, JR. and CRAIG, sitting as a panel of three.

OPINION BY JUDGE CRAIG, October 21, 1982:

Frackville Area Municipal Authority appeals an order of the Court of Common Pleas of Schuylkill County affirming a decision of the Butler Township Zoning Hearing Board which denied the authority's application for a "special exception and/or variance" to construct a wastewater treatment plant on a 7.8 acre site zoned "Woodland Conservation" under Butler Township's zoning ordinance.

The board had initially denied the...

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