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NORTH BETHLEHEM v. CITY OF BETHLEHEM

822 A.2d 840 (2003)

NORTH BETHLEHEM NEIGHBORS GROUP and Scott and Shirley Gerhart, husband and wife, and Clare and Anne Nestor, husband and wife, Appellants, v. CITY OF BETHLEHEM ZONING HEARING BOARD, Wawa, Inc., Joseph Krem and Sondra Krem, husband and wife and Richard LaBarre and Sandra LaBarre, husband and wife North Bethlehem Neighbors Group and Scott and Shirley Gerhart, husband and wife, and Clare and Anne Nestor, husband and wife, v. CITY OF BETHLEHEM ZONING HEARING BOARD, Wawa, Inc., Joseph Krem and Sondra Krem, husband and wife, and Richard LaBarre and Sandra LaBarre, husband and wife Appeal of: Wawa, Inc.

Commonwealth Court of Pennsylvania.

Decided January 14, 2003.

Reargument Denied March 13, 2003.

Attorney(s) appearing for the Case

James F. Preston, Bethlehem, for appellant.

Joseph A. Fitzpatrick, Jr., Center Valley, Wawa, Inc., Edward J. McKarski, Bethlehem, J. Krem and S. Krem, for appellee.

BEFORE: COLINS, President Judge, SIMPSON, Judge, MIRARCHI, JR., Senior Judge.

OPINION BY Judge SIMPSON.

North Bethlehem Neighbors Group and other neighboring residents (Objectors) appeal the order of the Court of Common Pleas of Lehigh County (trial court) affirming the decision of the City of Bethlehem Zoning Hearing Board (Board) granting Wawa, Inc.'s (Applicant) request for a variance to construct a convenience store with gas fueling pumps. We affirm.

Applicant is the equitable owner of approximately 2.4 acres (Subject Property)...

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