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DIVERSIFIED HEALTH ASSOCIATES, INC. v. ZONING HEARING BD.

781 A.2d 244 (2001)

DIVERSIFIED HEALTH ASSOCIATES, INC., v. ZONING HEARING BOARD OF THE BOROUGH OF NORRISTOWN. Appeal of Borough of Norristown.

Commonwealth Court of Pennsylvania.

Decided July 9, 2001.

Attorney(s) appearing for the Case

Michael P. Gottlieb, Norristown, for appellant.

Sean P. Flynn, Norristown, for appellee, Diversified Health Associates, Inc.

Robert A. Saraceni, Norristown, for appellee, Zoning Hearing Board of the Borough of Norristown.

Before COLINS, and McGINLEY, Judges, and FLAHERTY, Senior Judge.

FLAHERTY, Senior Judge.

The Borough of Norristown (Appellant) appeals from an order of the Montgomery County Court of Common Pleas (trial court) which reversed the decision of the Zoning Hearing Board of the Borough of Norristown (ZHB). The ZHB found that the substance abuse treatment center Diversified Health Associates, Inc. (Appellee) proposes to operate in the borough is not a hospital as that term is defined in the Norristown Borough Zoning Ordinance (Ordinance...

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