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IN RE DEEMED APPROVED CONDITIONAL USE

No. 1192 C.D. 2008, No. 1238 C.D. 2008, No. 1301 C.D. 2008.

975 A.2d 1193 (2009)

In re Appeal of DEEMED APPROVED CONDITIONAL USE Appeal of Borough of Schuylkill Haven Richard Sterner, Paul Becker and Deborah Becker v. Schuylkill Haven Borough Appeal of Paul Becker and Deborah Becker In re Appeal of Deemed Approved Conditional Use Appeal of Richard Sterner.

Commonwealth Court of Pennsylvania.

Decided May 19, 2009.

Attorney(s) appearing for the Case

Mark Semanchik, Frackville, for designated appellant, Borough of Schuylkill Haven.

Robert M. Reedy, Schuylkill Haven, for designated appellant, Richard Sterner.

James G. Caravan, Schuylkill Haven, for appellees, Paul Becker and Deborah Becker.

BEFORE: McGINLEY, Judge, and LEAVITT, Judge, and FRIEDMAN, Senior Judge.

OPINION BY Judge McGINLEY.

Richard Sterner (Sterner) and the Borough of Schuylkill Haven (Borough) appeal from an order of the Court of Common Pleas of Schuylkill County (common pleas court) that denied Sterner's notice of conditional use appeal and petition for review.1 Also, before this Court is the cross-appeal of Paul Becker and Deborah Becker (the Beckers) from an order of the common pleas court that overruled the Beckers' preliminary...

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