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SHANER v. SCHUYLKILL COUNTY ZON. HEAR. BD.

859 A.2d 859 (2004)

Susan and Terry SHANER, h/w/, and Tijan Leather, Appellants v. SCHUYLKILL COUNTY ZONING HEARING BOARD.

Commonwealth Court of Pennsylvania.

Decided October 6, 2004.

Attorney(s) appearing for the Case

Stephen T. Carpenito, Ashland, for appellant.

Robert S. Frycklund, Pottsville, for appellee.

BEFORE: DORIS A. SMITH-RIBNER, Judge, and RENEE COHN JUBELIRER, Judge, and MARY HANNAH LEAVITT, Judge.

OPINION By Judge LEAVITT.

Susan and Terry Shaner (Appellants) appeal from an order of the Schuylkill County Court of Common Pleas (trial court) that affirmed a decision of the Schuylkill County Zoning Hearing Board (Board). At issue is the Board's denial of Appellants' application for a zoning permit to continue a nonconforming use as well as Appellants' alternative request for a use variance.

The property at issue is a three-story brick structure located...

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