RURAL AREA CONCERNED CITIZENS INC. v. FAYETTE ZON. BD.


166 Pa.Commw. 520 (1994)

646 A.2d 717

RURAL AREA CONCERNED CITIZENS, INC., Walter D. Wiltrout and Lynn Ann Wiltrout, his wife, et al., Appellants, v. FAYETTE COUNTY ZONING HEARING BOARD. YOUGH AREA FISHERMEN'S ASSOCIATION, INC., Appellant, v. FAYETTE COUNTY ZONING HEARING BOARD.

Commonwealth Court of Pennsylvania.

Decided August 9, 1994.


Attorney(s) appearing for the Case

Richard E. Bower and Michael Macko, for appellants.

Gretchen A. Mundorff, for appellee.

Before CRAIG, President Judge, and COLINS, McGINLEY, FRIEDMAN, KELLEY, and NEWMAN, JJ.


KELLEY, Judge.

Rural Area Concerned Citizens, Inc. et al., (RACC) appeals the July 29, 1993 order of the Court of Common Pleas of Fayette County (trial court) which denied RACC's motion to rule that two alternate members appointed to the Fayette County Zoning Hearing Board (ZHB) were illegally appointed1 and affirmed the ZHB's decision to grant the special exception requested by the Intervenor herein, MSH Enterprises (MSH).

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