FARMLAND INDUSTRIES, INC. APPEAL.

Nos. 1044 C.D. 1986 and 2095 C.D. 1986.

109 Pa.Commw. 304 (1987)

531 A.2d 79

In Re: The Appeal of Farmland Industries, Inc. From the Decision of the Zoning Hearing Board of the City of Wilkes-Barre, Luzerne County, Pennsylvania. Farmland Industries, Inc., Appellant. In Re: The Appeal of Farmland Industries, Inc. From the Decision of the Zoning Hearing Board of the City of Wilkes-Barre, Luzerne County, Pennsylvania. Farmland Industries, Inc., Appellant.

Commonwealth Court of Pennsylvania.

Argued November 17, 1986.


Attorney(s) appearing for the Case

David L. Williams, Morgan, Hallgren, Crosswell & Kane, P.C., for appellant.

Mark A. Ciavarella, Jr., Lowery, Ciavarella & Rogers, for appellee, Zoning Hearing Board of the City of Wilkes-Barre.

Sanford S. Marateck, Lark, Makowski, Marateck & Konopka, for appellee, Stop 'N Go Foods of Mid-Penn, Inc.

Before Judges BARRY and PALLADINO, and Senior Judge KALISH, sitting as a panel of three.


OPINION BY JUDGE PALLADINO, September 14, 1987:

Consolidated for our disposition herein are two appeals to this court filed by Farmland Industries, Inc. (Farmland) arising out of a single zoning case. The first case (1044 C.D. 1986) involves an appeal from an order of the Court of Common Pleas of Luzerne County (trial court) granting a petition to strike Farmland's appeal from an order of the Zoning Hearing...

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