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JOE DARRAH v. ZONING HEARING BD.

928 A.2d 443 (2007)

JOE DARRAH, INC., Appellant v. ZONING HEARING BOARD OF SPRING GARDEN TOWNSHIP and Spring Garden Township.

Commonwealth Court of Pennsylvania.

Decided July 9, 2007.

Attorney(s) appearing for the Case

Larry C. Heim, York, for appellant.

David A. Jones, II, York, for appellee.

Evan C. Pappas, Harrisburg, for amicus curiae, PA Automotive Recycling Trade Society.

BEFORE: LEADBETTER, President Judge, PELLEGRINI, Judge, and LEAVITT, Judge.

OPINION BY Judge LEAVITT.

Joe Darrah, Inc. appeals from an order of the Court of Common Pleas of York County (trial court), affirming a decision of the Zoning Hearing Board of Spring Garden Township (Board) to deny Darrah's request to reclassify its operations for purposes of regulation by the Township. Darrah held a zoning permit to operate a "junkyard," but it requested the Board to declare that Darrah was actually a "processing establishment" within the meaning...

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