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VAUGHN v. ZONING HEARING BD. OF SHALER

No. 1774 C.D. 2007.

947 A.2d 218 (2008)

Daniel A. VAUGHN and Cheryl T. Vaughn, husband and wife v. ZONING HEARING BOARD OF the TOWNSHIP OF SHALER, Township of Shaler, Anthony and Roseanna Febbraro, Appeal of Township of Shaler.

Commonwealth Court of Pennsylvania.

Decided April 2, 2008.

Rehearing Denied June 2, 2008.

Attorney(s) appearing for the Case

Harlan S. Stone, Pittsburgh, for appellant.

Peter N. Georgiades, Pittsburgh, for appellees, Daniel A. and Cheryl T. Vaughn.

Thomas J. Dempsey, Pittsburgh, for appellee, Zoning Hearing Board of the Township of Shaler.

Brad N. Sommer, Pittsburgh, for appellee, Roseanna Febbraro.

BEFORE: SMITH-RIBNER, Judge, FRIEDMAN, Judge and KELLEY, Senior Judge.

Rehearing Denied En Banc June 2, 2008.

OPINION BY Judge FRIEDMAN.

Township of Shaler (Township) appeals from the August 15, 2007, order of the Court of Common Pleas of Allegheny County (trial court), which reversed the May 25, 2006, decision of the Zoning Hearing Board of the Township of Shaler (ZHB) that Anthony and Roseanna Febbraro (the Febbraros) are entitled to a variance by estoppel with regard to a retaining

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