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VANDERLIN v. COUNCIL OF WILLIAMSPORT

821 A.2d 1287 (2003)

James and Pennie VANDERLIN, Husband and Wife; David and Susan Staib, Husband and Wife; James and Robin Mothersbaugh, Husband and Wife; Chuck and Karen Smith, Husband and Wife; Judee Robinholt; John Sanso; Helen Dgien; Donovan and JeanTaylor, Husband and Wife; Robert and Tina Sholes, Husband and Wife; Daniel and Nancy Lockhard, Husband and Wife; Don and Barb Hoover, Husband and Wife; William and Doris Entz, Husband and Wife; Daniel and Gail Thompson, Husband and Wife; Richard and Lois Bittner, Husband and Wife; George Miller; Michael Logue; Edward and Melody Bremme, Husband and Wife, Appellants, v. CITY COUNCIL OF THE CITY OF WILLIAMSPORT; and City of Williamsport. James and Pennie Vanderlin, Husband and Wife; David and Susan Staib, Husband and Wife; James and Robin Mothersbaugh, Husband and Wife; Chuck and Karen Smith, Husband and Wife; Judee Robinholt; John Sanso; Helen Dgien; Donovan and Jean Taylor, Husband and Wife; Robert and Tina Sholes, Husband and Wife; Daniel and Nancy Lockhard, Husband and Wife; Don and Barb Hoover, Husband and Wife; William and Doris Entz, Husband and Wife; Daniel and Gayle Thompson, Husband and Wife; Richard and Lois Bittner, Husband and Wife; George Miller; Michael Logue; Edward and Melody Bremme, Husband and Wife, v. City Council of the City of Williamsport; and City of Williamsport, and Eck Realty Company, Appeal of City Council of the City of Williamsport; and City of Williamsport.

Commonwealth Court of Pennsylvania.

Decided April 30, 2003.

Attorney(s) appearing for the Case

John R. Zurich, Williamsport, for appellant.

Douglas N. Engelman, Williamsport, for appellee.

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

OPINION BY Senior Judge KELLEY.

Eck Realty Co. (Developer) and the City Council of the City of Williamsport and the City of Williamsport (collectively, City) appeal from the order of the Court of Common Pleas of Lycoming County (trial court) sustaining the appeal of James Vanderlin et al. (Objectors) from the enactment of City Ordinance No. 5849 which amended the City's Zoning Ordinance by rezoning a 3-acre parcel...

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