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ANTONINI v. Z. H. B., MARPLE T. ET AL.

No. 1848 C.D. 1984.

95 Pa.Commw. 420 (1986)

505 A.2d 1076

G. Antonini, trading as G. Antonini Construction v. The Zoning Hearing Board of Marple Township and Township of Marple. Township of Marple, Appellant.

Commonwealth Court of Pennsylvania.

March 5, 1986.

Attorney(s) appearing for the Case

Michael F. X. Gillin, for appellant.

Guy A. Messick, Fronefield and deFuria, for appellee.

Argued December 10, 1985, before Judges ROGERS and MacPHAIL, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, March 5, 1986:

The Township of Marple (Township) appeals from the decision of the Court of Common Pleas of Delaware County which sustained the appeal of G. Antonini, t/a G. Antonini Construction (Appellee) and ordered the Zoning Hearing Board of Marple Township (Board) to grant Appellee's application for a special exception. We reverse.

Appellee operated a paving and construction business in the R-1 Residential Zoning District, allegedly...

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