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KLEINMAN v. LOWER MERION TP. ZHB

916 A.2d 726 (2006)

David KLEINMAN, Deborah Kleinman, Thomas R. Schmuhl, Jean G. Schmuhl and Jordan J. Driks, Appellants v. LOWER MERION TOWNSHIP ZONING HEARING BOARD, Lower Merion Township and Akiba Hebrew Academy.

Commonwealth Court of Pennsylvania.

Decided December 29, 2006.

Reconsideration and or Reargument Denied February 9, 2007.

Attorney(s) appearing for the Case

Edward Greene, Paoli, for appellants.

Sean P. Flynn, Norristown, for appellees, Lower Merion Township Zoning Hearing Board and Lower Merion Township, and Fred Beecher Fromhold, Villanova, for appellee, Akiba Hebrew Academy.

BEFORE: COLINS, President Judge, and FRIEDMAN, Judge, and McCLOSKEY, Senior Judge.

OPINION BY President Judge COLINS.

David and Deborah Kleinman, Thomas R. and Jean G. Schmuhl, and Jordan J. Dirks (Objectors) appeal an order of the Court of Common Pleas of Montgomery County that affirmed a decision of the Zoning Hearing Board (ZHB) of Lower Merion Township granting an application filed by Akiba Hebrew Academy (Akiba). Akiba is a private educational institution, as defined in the Township's zoning Ordinance. Private education institutions are permitted...

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