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AGNEW v. BUSHKILL TP. ZONING HEARING BOARD

837 A.2d 634 (2003)

William H. AGNEW, Appellant, v. BUSHKILL TOWNSHIP ZONING HEARING BOARD, v. Eric Martyn.

Commonwealth Court of Pennsylvania.

Decided December 5, 2003.

Attorney(s) appearing for the Case

Anthony S. Beltrami, Bethlehem, for appellant.

Brian M. Monahan, Easton, for appellee.

BEFORE: FRIEDMAN, Judge, LEAVITT, Judge, MIRARCHI, JR., Senior Judge.

OPINION BY Judge LEAVITT.

William H. Agnew (Appellant) appeals from an Order of the Court of Common Pleas of Northampton County (trial court) granting Appellant's neighbor, Eric Martyn (Landowner), a special exception to conduct a roofing business as a "home occupation" on a residential property in a Rural Agricultural District. In doing so, the trial court affirmed the Bushkill Township Zoning Hearing Board (Board). We reverse the trial court.

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