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ZONING HEARING BD. v. CITY COUNCIL

720 A.2d 166 (1998)

ZONING HEARING BOARD OF THE CITY OF UNIONTOWN, Appellant, v. CITY COUNCIL OF THE CITY OF UNIONTOWN.

Commonwealth Court of Pennsylvania.

Decided September 15, 1998.

Reargument Denied November 23, 1998.

Attorney(s) appearing for the Case

Phyllis A. Jin, Uniontown, for appellant.

Daniel L. Webster, Uniontown, for appellee.

Before DOYLE and FLAHERTY, JJ., and JIULIANTE, Senior Judge.

DOYLE, Judge.

The Zoning Hearing Board of the City of Uniontown (Zoning Board or Board) appeals from an order of the Court of Common Pleas of Fayette County presenting in this appeal an issue of first impression: Who has the statutory authority to appoint the solicitor for a zoning hearing board; the zoning hearing board itself or the governing body of the local municipality?

In the fall of 1996, the Zoning Board appointed Gary Altman, Esquire, as its solicitor...

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