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GRAHAM v. ZONING HEARING BD.

520 Pa. 526 (1989)

555 A.2d 79

William P. GRAHAM, Susan Graham, Edward F. LaFond, Virginia LaFond, David A. Stacks, Wendy A. Stacks, Joseph Bittenbender, Charles Bernath, and Karen Bernath, Appellants, v. ZONING HEARING BOARD OF UPPER ALLEN TOWNSHIP and Clepper Farms, Inc., Appellees, Upper Allen Township, Intervenor.

Supreme Court of Pennsylvania.

Decided March 6, 1989.

Attorney(s) appearing for the Case

Ronald M. Katzman, Harrisburg, for appellants.

John M. Eakin, Mechanicsburg, Dusan Bratic, Dillsburg, for appellees.

William E. Miller, Jr., Harrisburg, for intervenor.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and STOUT, JJ.

OPINION

ZAPPALA, Justice.

This appeal presents an important question of first impression regarding the powers of a zoning hearing board to sustain the action of the municipality's governing body granting approval of a subdivision plan, subject to compliance with zoning conditions,1 under § 11007 of the Municipal Planning Code, Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, Art. I, as amended,...

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