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FAYETTE COUNTY OFFICE v. FAYETTE ZHB

No. 359 C.D. 2009.

981 A.2d 336 (2009)

FAYETTE COUNTY OFFICE OF PLANNING, ZONING AND COMMUNITY DEVELOPMENT v. FAYETTE COUNTY ZONING HEARING BOARD and Joseph Cellurale, Jr. Appeal of: Terry Kriss and Diane Kriss.

Commonwealth Court of Pennsylvania.

Decided June 2, 2009.

Publication Ordered September 11, 2009.

Attorney(s) appearing for the Case

Leslie J. Mlakar, Greensburg, for appellants.

John S. Cupp, Jr., Uniontown, for appellee, Fayette County Office of Planning, Zoning and Community Development.

Gretchen A. Mundorff, Connellsville, Fayette County Zoning Hearing Board.

John Pushinsky, Pittsburgh, for appellee, Joseph Cellurale, Jr.

OPINION BY Judge SIMPSON.

In this motion to quash, we are asked whether the failure to appeal an order denying a petition to intervene divests this Court of jurisdiction over an appeal of a subsequent order denying a second petition to intervene in the same ongoing litigation. Concluding neither order denying intervention in this controversy is an appealable collateral order, I grant the motion to quash.

The Fayette...

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