MITCHELL v. ZONING HEARING BD.


838 A.2d 819 (2003)

Jeremy MITCHELL v. The ZONING HEARING BOARD OF THE BOROUGH OF MOUNT PENN, Antietam School District. Helen D. Krafczek, Adam B. Krafczek, and Noble Realty, Inc., v. The Zoning Hearing Board of the Borough of Mount Penn, Antietam School District, Appeal of: The Board of Directors of the Antietam School District. Helen D. Krafczek, Adam B. Krafczek, and Noble Realty, Inc., v. The Zoning Hearing Board of the Borough of Mount Penn. Jeremy Mitchell, v. The Zoning Hearing Board of the Borough of Mount Penn, Appeal of: Helen D. Krafczek, Adam B. Krafczek, Noble Realty, Inc., and Jeremy Mitchell. Helen D. Krafczek, Adam B. Krafczek, and Noble Realty, Inc., v. The Zoning Hearing Board of the Borough of Mount Penn. Jeremy Mitchell, v. The Zoning Hearing Board of the Borough of Mount Penn, Appeal of: Helen D. Krafczek, Adam B. Krafczek, Noble Realty, Inc., and Jeremy Mitchell.

Commonwealth Court of Pennsylvania.

Decided November 14, 2003.

Reargument Denied January 12, 2004.


Attorney(s) appearing for the Case

Brian F. Boland, Wyomissing, for appellants.

J.D. Krafczek, Reading, for appellees, Krafczek and Noble Realty, Inc.

David S. Sobotka, Reading, for appellee, Mount Penn Zoning Hearing Board.

BEFORE: McGINLEY, Judge, COHN, Judge, MIRARCHI, JR., Senior Judge.


OPINION BY Senior Judge

MIRARCHI.

Before this Court are consolidated appeals1 of (1) the Board of Directors of the Antietam School District (School District), and (2) Adam B. Krafczek, Esquire and his wife, Helen Krafczek (the Krafczeks), Noble Realty, Inc. (Noble Realty), and Jeremy Mitchell (Mitchell), (collectively, Objectors), from an order...

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