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THOMAS ET AL. v. Z.H.B., BENNER T. ET AL.

No. 678 C.D. 1988.

121 Pa.Commw. 393 (1988)

550 A.2d 1045

John L. Thomas and Miriam Thomas v. Zoning Hearing Board of Benner Township and The Township of Benner. The Board of Supervisors of Benner Township, Appellant.

Commonwealth Court of Pennsylvania.

December 1, 1988.

Attorney(s) appearing for the Case

Benjamin Novak, Novak, Stover & McCarty, for appellant.

Donald M. Kresen, Robert B. Mitinger & Associates, for appellees.

Argued November 3, 1988, before Judges BARRY, COLINS and McGINLEY, sitting as a panel of three.

OPINION BY JUDGE COLINS, December 1, 1988:

The Board of Supervisors of Benner Township (Board) appeals from an order of the Court of Common Pleas of Centre County which reversed the decision of the Zoning Hearing Board of Benner Township (ZHB) and ordered that Dr. John L. Thomas and Miriam Thomas (appellees) be permitted to erect a stable for the keeping of horses. We affirm.

Appellees are a veterinarian and his wife who recently built a home on a 5.08 acre...

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