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GRETH DEV. v. ZONING HEARING BD.

918 A.2d 181 (2007)

GRETH DEVELOPMENT GROUP, INC., Appellant v. ZONING HEARING BOARD OF LOWER HEIDELBERG TOWNSHIP, William G. Koch, Sr., Roberta F. Koch, Marcia Heere and Lower Heidelberg Township.

Commonwealth Court of Pennsylvania.

Decided March 1, 2007.

Attorney(s) appearing for the Case

J. Kitridge Fegley, Reading, for appellant.

Socrates J. Georgeadis, Wyomissing, for appellee, Lower Heidelberg Township.

Francis M. Mulligan, Reading, for appellee, William G. Koch, Sr., Roberta F. Koch and Marcia Heere.

BEFORE: COLINS, President Judge, and McGINLEY, Judge, and LEAVITT, Judge.

OPINION BY Judge LEAVITT.

Greth Development Group, Inc., appeals an order of the Court of Common Pleas of Berks County (trial court) denying Greth's application for a special exception. The trial court affirmed the decision of the Zoning Hearing Board of Lower Heidelberg Township (Board) that Greth failed to show that there would be adequate sewage treatment capacity for its project. To reach this conclusion the Board allocated...

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