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KENNEDY v. UPPER MILFORD TP. ZONING HEARING BOARD

779 A.2d 1257 (2001)

Brian KENNEDY and Susan Kennedy, Husband and Wife, v. UPPER MILFORD TOWNSHIP ZONING HEARING BOARD, Richard C. Dean, Robert Salaski, T. Richard Parker, MaryLou Stefanko, Individually and Pennsylvania Turnpike Commission Brian Kennedy and Susan Kennedy, Husband and Wife, v. Upper Milford Township Zoning Hearing Board and Pennsylvania Turnpike Commission. Appeal of Brian Kennedy and Susan Kennedy.

Commonwealth Court of Pennsylvania.

Decided July 12, 2001.

Attorney(s) appearing for the Case

Anne K. Manley, Allentown, for appellants.

John O. Stover, Jr., Emmaus, for appellees.

Jeffrey F. Champagne, Harrisburg, for appellee, PA Turnpike Commission.

Before FRIEDMAN, Judge, and FLAHERTY and MIRARCHI, Jr., Senior Judges.

FRIEDMAN, Judge.

Brian Kennedy and Susan Kennedy, Husband and Wife, (Appellants) appeal from the June 30, 2000 order of the Court of Common Pleas of Lehigh County (trial court), which (1) affirmed the decision of the Zoning Hearing Board of Upper Milford Township (ZHB) to grant a variance and special exception to the Pennsylvania Turnpike Commission (Commission) and (2) dismissed Appellants' declaratory judgment action seeking to invalidate the ZHB's decision under...

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