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DALEY v. ZONING HEARING BOARD

770 A.2d 815 (2001)

Kevin M. DALEY, Appellant, v. ZONING HEARING BOARD OF UPPER MORELAND TOWNSHIP and St. David's Roman Catholic Church.

Commonwealth Court of Pennsylvania.

Decided April 10, 2001.

Attorney(s) appearing for the Case

Philip R. Detwiler, Blue Bell, for appellant.

Carol M. Lauchmen, Harleysville, for appellee, Upper Moreland Township.

William B. Eagan, Willow Grove, for appellee, St. David's Roman Catholic Church.

Before COLINS, Judge, SMITH, Judge, and MIRARCHI, Senior Judge.

SMITH, Judge.

Kevin M. Daley (Appellant) appeals from an order of the Montgomery County Court of Common Pleas that affirmed the decision of the Zoning Hearing Board of Upper Moreland Township (Board) to grant a dimensional variance to St. David's Roman Catholic Church (Church) to allow a buffer zone of 5 feet instead of the required 50 feet. Appellant contends that the trial court improperly based its decision upon arguments which had not been presented to it by the...

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