IN RE BOYER

No. 415 C.D. 2008

960 A.2d 179 (2008)

In re Appeal of Janice BOYER from the decision dated 8/1/07 of the Zoning Hearing Board of Upper Merion Township. Appeal of Janice Boyer.

Commonwealth Court of Pennsylvania.

Decided October 22, 2008.

Reargument Denied December 12, 2008.


Attorney(s) appearing for the Case

Rowan Keenan, Collegeville, for appellant.

Joseph J. McGrory, Jr., Lansdale, for appellee.

Kevin A. Palmer, King of Prussia, for intervenor, Allison Green.

BEFORE: McGINLEY, Judge, and COHN JUBELIRER, Judge, and BUTLER, Judge.


OPINION BY Judge BUTLER.

This is an appeal by Janice Boyer (Boyer) from the February 21, 2008 Order of the Court of Common Pleas of Montgomery County (trial court) which affirmed the decision of the Zoning Hearing Board of Upper Merion Township (ZHB) granting the variance requests of Allison Green (Green) to construct an in-ground swimming pool on her residential property. On appeal, Boyer, a neighboring property owner residing at 124 Gypsy Lane, which is adjacent...

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