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GALLAGHER v. CHESTNUTHILL TP.

No. 939 C.D. 2008.

968 A.2d 253 (2009)

William GALLAGHER and Christine Gallagher, his wife v. CHESTNUTHILL TOWNSHIP, Appellant.

Commonwealth Court of Pennsylvania.

Decided March 25, 2009.

Attorney(s) appearing for the Case

Joseph P. McDonald, Jr., Stroudsburg, for appellant.

Aaron M. DeAngelo, Stroudsburg, for appellees.

BEFORE: LEADBETTER, President Judge, and SMITH-RIBNER, Judge, and FLAHERTY, Senior Judge.

OPINION BY Senior Judge FLAHERTY.

Chestnuthill Township (Township) appeals from an order of the Court of Common Pleas of Monroe County (trial court) which denied Township's post-trial motion to vacate the trial court's December 13, 2007 verdict, wherein the trial court concluded that William Gallagher and Christine Gallagher (Gallagher) are entitled to a variance from the minimum size lot requirement in the R-1 zoning district. We reverse.

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