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ORIE v. ZONING HEARING BD. OF BEAVER

767 A.2d 623 (2001)

James G. ORIE and Heidi Orie, Appellants v. The ZONING HEARING BOARD OF the BOROUGH OF BEAVER and Beaver County Memorial Library.

Commonwealth Court of Pennsylvania.

Decided January 18, 2001.

Attorney(s) appearing for the Case

Bernard J. Rabik, Pittsburgh, for appellants.

W. John Rackley, Beaver, for appellee, the Zoning Hearing Bd. of Borough of Beaver.

John P. Dohanich, Ambridge, for appellee, Beaver Area Memorial Library.

Before DOYLE, President Judge, COLINS, Judge, McGINLEY, Judge, SMITH, Judge, PELLEGRINI, Judge, FLAHERTY, Judge and LEADBETTER, Judge.

COLINS, Judge.

James and Heidi Orie appeal the order of the Court of Common Pleas of Beaver County quashing their land use appeal on the ground that they failed to appear before the Borough of Beaver's (Borough) zoning hearing board to object to the grant of variances requested by the local library, which is located on the lot adjacent to the Ories' home.

The Beaver County Memorial Library (Library), a nonconforming use in an R-1 residential area, applied...

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