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CANDELA v. MILLCREEK TP. ZONING HEARING BD.

887 A.2d 335 (2005)

Brian A. CANDELA and Antoinette Candela, husband and wife, Appellants, v. MILLCREEK TOWNSHIP ZONING HEARING BOARD v. Waldameer Park, Inc., Paul T. Nelson and Stephen F. Gorman and Nancy Gorman, husband and wife, and Millcreek Township.

Commonwealth Court of Pennsylvania.

Decided November 22, 2005.

Attorney(s) appearing for the Case

Christopher J. Sinnott, Timothy M. Zieziula, Erie, for appellants.

Thomas E. Kuhn, Erie, for appellee, Millcreek Township Zoning Hearing Board.

Jeffrey J. Cole, Erie, for appellee, Waldameer Park, Inc.

BEFORE: LEADBETTER, J., and LEAVITT, J., and FLAHERTY, Senior Judge.

OPINION BY Judge LEAVITT.

Brian and Antoinette Candela appeal an order of the Court of Common Pleas of Erie County that affirmed a decision of the Millcreek Township Zoning Hearing Board. In this case we consider whether the Board erred in granting to the owners of an amusement park a variance from the setback provisions of the Township's Bluff Setback Ordinance1 thereby authorizing the construction and operation of a roller-coaster. We...

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