CHRISTMAN v. ZONING HEARING BD.


854 A.2d 629 (2004)

Dennis C. CHRISTMAN and Susan L. Christman, Appellants v. ZONING HEARING BOARD OF THE TOWNSHIP OF WINDSOR.

Commonwealth Court of Pennsylvania.

Decided July 15, 2004.


Attorney(s) appearing for the Case

Joseph L. Haines, Reading, for appellants.

Scott L. Huyett, Reading, and Daryl F. Moyer, Hamburg, for appellees.

BEFORE: COLINS, President Judge, and SIMPSON, Judge, and JIULIANTE, Senior Judge.


OPINION BY Judge SIMPSON.

Dennis C. Christman and Susan L. Christman (Landowners) challenged inclusion of their property in a new agriculture preservation zone. The Windsor Township Zoning Hearing Board (ZHB) rejected the challenge, and the Court of Common Pleas of Berks County (trial court) affirmed. The main issue now concerns the refusal of two ZHB members to recuse themselves. Landowners also argue the boundaries of the new zone constitute

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