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MAGYAR v. ZONING HEARING BD. OF LEWIS TP.

885 A.2d 123 (2005)

Christopher P. MAGYAR and Christine M. Magyar, husband and wife v. The ZONING HEARING BOARD OF LEWIS TOWNSHIP v. Willard F. Murray, and Linda D. Murray, husband and wife v. Lewis Township Appeal of: Willard F. Murray and Linda D. Murray, husband and wife.

Commonwealth Court of Pennsylvania.

Decided October 21, 2005.

Attorney(s) appearing for the Case

Melissa S. Lobos, Mifflinburg, for appellants.

Roger V. Wiest, II, Sunbury, for appellees, Christopher P. Magyar and Christine M. Magyar.

Joel M. Wiest, Sunbury, for appellee, Lewis Township.

BEFORE: LEADBETTER, Judge, SIMPSON, Judge, and McCLOSKEY, Senior Judge.

OPINION BY Judge SIMPSON.

In this procedurally unusual zoning case, we must decide when the appeal period from a deemed approval begins. Willard and Linda Murray (Applicants) seek review of an order of the Court of Common Pleas of Northumberland County (trial court) that quashed another party's appeal from a deemed approval of their application, but did so with reasoning that allowed a later appeal. The trial court determined the appeal was premature because neither...

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