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LUKE v. CATALDI

932 A.2d 45 (2007)

John R. LUKE and Diane C. Luke, John C. and Lynn Holetich, Dr. Philip Gelacek, Mary Biesuz, Thomas and Jean Woods, Dr. William R. Balash, John and Joan Wintgens, George and Lori Gatto, Mr. and Mrs. John M. George, Thomas and Mary Ann Timney, Mary Ellen Austin, Mr. and Mrs. Wilbert Woods, Mr. and Mrs. Clarence Conway, Robert and Sheila Gahagan, Mr. and Mrs. Robert Selinger, Regis McGuire and John McGuire, Rodney H. Hartman, Scott J. Hartman, Clifford and Jean Campbell, Harold Burton, William Findon, jointly and severally, Appellants, v. Randy J. CATALDI, David Brestensky, Ron Covone, Supervisors of South Buffalo Township and Mark A. Nesbit, Zoning Officer of South Buffalo Township, Appellees.

Supreme Court of Pennsylvania.

Decided September 26, 2007.

Attorney(s) appearing for the Case

John R. Luke, Esq., Utah Legal Services, Pittsburgh, for John R. Luke and Diane C. Luke, et al.

James Anthony Favero, Esq., Kittanning, for Randy Cataldi, et al.

BEFORE: CAPPY, C.J., and CASTILLE, SAYLOR, EAKIN, BAER, BALDWIN and FITZGERALD, JJ.

OPINION

Justice SAYLOR.

We granted allowance of appeal in this matter to address the impact of this Court's decision in Schadler v. Zoning Hearing Board of Weisenberg Township, 578 Pa. 177, 850 A.2d 619 (2004), on conditional land use permits approved in violation of applicable notice and hearing requirements.

On April 26, 2000, Buffalo Valley, Ltd., and McVille Mining Company filed applications for...

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