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ETHKEN CORP. APPEAL

No. 788 C.D. 1984.

89 Pa.Commw. 612 (1985)

In Re: Appeal of Ethken Corporation From the Decision of the Zoning Hearing Board of the Borough of Kutztown. Ethken Corporation, Appellant.

Commonwealth Court of Pennsylvania.

June 3, 1985.

Attorney(s) appearing for the Case

Donald F. Spang, Merkel & Spang, for appellant.

Walter M. Diener, Jr., with him, David M. Kozloff, Kozloff, Diener, Payne & Fegley, for appellee.

Argued April 11, 1985, before Judges CRAIG and COLINS and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE CRAIG, June 3, 1985:

In this zoning case Ethken Corporation appeals from an order of the Court of Common Pleas of Berks County, which affirmed a decision of the Zoning Hearing Board of the Borough of Kutztown denying Ethken's1 application for a special exception and request for variances. The issues for our determination are (1) whether the board erred in concluding that the proposed use was not within those which the...

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