NOAH'S ARK CHRISTIAN CHILD CARE CENTER, INC. v. ZONING HEARING BOARD OF WEST MIFFLIN


880 A.2d 596 (2005)

NOAH'S ARK CHRISTIAN CHILD CARE CENTER, INC. and Strassburger McKenna Gutnick & Potter, Trustee, v. ZONING HEARING BOARD OF WEST MIFFLIN v. Borough of West Mifflin and Second Baptist Church of Homestead Appeal of Borough of West Mifflin.

Supreme Court of Pennsylvania.

Decided August 15, 2005.


Attorney(s) appearing for the Case

Donald C. Fetzko, J. Michael Adams, Jr., for Borough of West Mifflin.

Edwin J. Strassburger, Pittsburgh, for Strassburger McKenna Gutnick & Potter.

Thomas B. Earhart, for Second Baptist Church of Homestead.

Jay Arthur Gilmer, for Noah's Ark Christian Child Care Center, Inc.

Before: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.


Prior report: 831 A.2d 756.

ORDER

PER CURIAM.

AND NOW, this 15th day of August, 2005, the Order of the Commonwealth Court affirming the Order of the Court of Common Pleas of Allegheny County is reversed based upon our prior decisions in Valley View Civic Association v. Zoning Board of Adjustment, 501 Pa. 550, 462 A.2d 637

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