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ALESSI v. MILLCREEK TP. ZONING HEARING BD.

814 A.2d 278 (2002)

Charles A. ALESSI, Jr. and Melissa D. Alessi, his wife, and Patrick S. Horwath and Roberta E. Horwath, his wife, Appellants, v. MILLCREEK TOWNSHIP ZONING HEARING BOARD, and Sheetz, Inc., a Pennsylvania corporation, Timothy and Sandra Birkmire, husband and wife, and Millcreek Township.

Commonwealth Court of Pennsylvania.

Decided December 5, 2002.

Reargument Denied January 31, 2003.

Attorney(s) appearing for the Case

John J. Shimek, III, Erie, for appellants.

Evan E. Adair, Erie, for appellee, Millcreek Twp.

James F. McCormick, Pittsburgh, for appellee, Sheetz, Inc.

Timothy M. Zieziula, Erie, for appellee, Millcreek Twp. Zoning Hearing Bd.

BEFORE: PELLEGRINI, J., FRIEDMAN, J., and KELLEY, Senior Judge.

OPINION BY Judge FRIEDMAN.

Charles A. Alessi, Jr. and Melissa D. Alessi, his wife, and Patrick S. Horwath and Roberta E. Horwath, his wife, (collectively, Appellants) appeal from the February 19, 2002, order of the Court of Common Pleas of Erie County (trial court) affirming the decision of the Millcreek Township Zoning Hearing Board (ZHB), which held that the proposal of Sheetz, Inc. (Sheetz) to sell gasoline in conjunction with its retail store constitutes a permitted...

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