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KOLLER v. WEISENBERG TP.

871 A.2d 286 (2005)

Dale R. KOLLER and Carolyn L. Koller v. WEISENBERG TOWNSHIP Homeowners of Weisenberg, Kimberly Anderson, Thomas Anderson and Robert Vogel v. Weisenberg Township Board of Supervisors Appeal of: Weisenberg Township and Weisenberg Township Board of Supervisors Dale R. Koller and Carolyn L. Koller v. Weisenberg Township Homeowners of Weisenberg, Kimberly Anderson, Thomas Anderson and Robert Vogel v. Weisenberg Township Board of Supervisors Appeal of: Homeowners of Weisenberg, Kimberly Anderson, Thomas Anderson and Robert Vogel.

Commonwealth Court of Pennsylvania.

Decided March 3, 2005.

Reargument Denied April 27, 2005.

Attorney(s) appearing for the Case

Donald H. Lipson, Allentown, for appellants, Weisenberg Township and Weisenberg Township Board of Supervisors.

William J. McCarthy, III, Hellertown, for appellees, Dale R. and Carolyn L. Koller.

Michael J. O'Connor, Harrisburg, for appellee, Homeowners of Weisenberg.

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

OPINION BY Senior Judge McCLOSKEY.

This case involves an appeal filed by Weisenberg Township (the Township), Weisenberg Township Board of Supervisors (the Board), and Homeowners of Weisenberg, by and through Kimberly and Thomas Anderson, and Robert Vogel (collectively referred to as "HOW"), of an order of the Court of Common Pleas of Lehigh County (trial court), dated June 21, 2004, which reversed the Board's decision regarding conditional approval of a land development...

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