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LECKEY v. LOWER SOUTHAMPTON TP. ZHB

864 A.2d 593 (2004)

Christopher LECKEY and Kathleen Leckey v. LOWER SOUTHAMPTON TOWNSHIP ZONING HEARING BOARD. Appeal of Lower Southampton Township.

Commonwealth Court of Pennsylvania.

Decided December 30, 2004.

Attorney(s) appearing for the Case

Kristina S. Wiercinski, Langhorne, for appellant.

Stephen P. Moyer and H. Peter Nelson, Perkasie, for appellee.

BEFORE: COLINS, President Judge, McGINLEY, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, COHN JUBELIRER, Judge, SIMPSON, Judge, and LEAVITT, Judge.

OPINION BY Judge PELLEGRINI.

Lower Southampton Township (Township) appeals an order of the Court of Common Pleas of Bucks County (trial court) striking conditions imposed by the Lower Southampton Township Zoning Hearing Board (Board) when it granted a special exception to Christopher Leckey and Kathleen Leckey (Property Owners) to conduct a nursery use with an accessory landscape business use.

Property Owners own...

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