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HANOVER HEALTHCARE PLUS v. ZHB

875 A.2d 1255 (2005)

HANOVER HEALTHCARE PLUS, INC. v. ZONING HEARING BOARD OF PENN TOWNSHIP, York County, Pennsylvania Appeal of: Penn Township, York County.

Commonwealth Court of Pennsylvania.

Decided June 13, 2005.

Attorney(s) appearing for the Case

Walter A. Tilley, III, York, for appellant, Penn Township, York County.

Helen L. Gemmill, Harrisburg, for appellee, Hanover Healthcare Plus, Inc.

BEFORE: COLINS, President Judge, and FRIEDMAN, J., and COHN JUBELIRER, J.

OPINION BY President Judge COLINS.

This appeal arises from the decision of the Court of Common Pleas of York County (trial court) dated September 1, 2004 that reversed the decision of the Zoning Hearing Board of Penn Township (ZHB) upholding the validity of the Penn Township zoning ordinance amendment. We affirm.

A history of the controversy follows. On December 15, 2003, the Board of Commissioners of Penn Township...

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