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ZONING HEARING BD. v. MARCHESINI

132 Pa.Commw. 249 (1990)

572 A.2d 824

ZONING HEARING BOARD OF WYOMING BOROUGH and Wyoming Borough, Appellants, v. David J. MARCHESINI, Eve Marchesini, his wife, and Airport Sand and Gravel Co., Inc., Appellees.

Commonwealth Court of Pennsylvania.

Decided March 23, 1990.

Attorney(s) appearing for the Case

Joseph L. Vullo, Wilkes Barre, for appellant, Zoning Hearing Bd. of Wyoming Borough.

William F. Anzalone, Wilkes Barre, for appellant, Wyoming Borough Council.

Joseph F. Saporito, Jr., Saporito & Saporito, Pittston, for appellees.

Before BARBIERI, Senior Judge, and CRAIG and BARRY, JJ.

CRAIG, Judge.

This appeal1 by Wyoming Borough is from the order of the Luzerne County Court of Common Pleas which reversed the Borough Council's decision denying the request of David J. and Eve Marchesini (landowners) to remove sand and gravel from their property. The sole issue on appeal is whether the trial court erred in concluding that the landowners' request was "deemed approved" pursuant to Section 908(9) of Pennsylvania Municipalities...

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