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RUDOLPH v. ZONING HEARING BD. OF CAMBRIA

839 A.2d 475 (2003)

Richard M. RUDOLPH and Margaret E. Rudolph, Appellants v. The ZONING HEARING BOARD OF CAMBRIA TOWNSHIP, Township of Cambria, and Matt R. Niebauer.

Commonwealth Court of Pennsylvania.

Decided December 31, 2003.

Attorney(s) appearing for the Case

Jackie Atherton Bernard, Altoona, for appellants.

Patrick T. Kiniry, Johnstown, for appellee, ZHB of Cambria Township.

Richard M. Corcoran and Dennis Govachini, Ebensburg, for appellee, Township of Cambria.

Kevin D. Persio, Ebensburg, for appellee, M. Niebauer.

BEFORE: COLINS, President Judge, and McGINLEY, Judge, and SMITH-RIBNER, Judge, and FRIEDMAN, Judge, and LEADBETTER, Judge, and COHN, Judge, and SIMPSON, Judge.

OPINION BY Judge COHN.

In this appeal, we must decide whether, under a vested rights theory, a commercial landscaping business can operate in a residential zone by virtue of a building permit issued to build a "pole building," and whether or not a landscaping business can qualify as a "home occupation."

Richard M. Rudolph and Margaret E. Rudolph (Rudolphs) appeal from the March 24, 2003 order of the Court of Common Pleas of Cambria County, which affirmed the...

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