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HAFNER v. ZONING HEARING BD. OF ALLEN TP.

No. 1229 C.D. 2008, No. 1280 C.D. 2008.

974 A.2d 1204 (2009)

Walter N. HAFNER, Jr. and Bonnie Hafner, Trustees, Hafner Revocable Living Trust Agreement, Appellants v. ZONING HEARING BOARD OF ALLEN TOWNSHIP and Brian J. Kulp and Melissa J. Kulp. Brian J. Kulp and Melissa J. Kulp v. Zoning Hearing Board of Allen Township and Walter N. Hafner, Jr. and Bonnie Hafner, Trustees, Hafner Revocable Living Trust Agreement (Two Cases). Walter N. Hafner, Jr., and Bonnie Hafner, Trustees, Hafner Living Trust Agreement v. Zoning Hearing Board of Allen Township and Brian J. Kulp and Melissa J. Kulp. Walter N. Hafner, Jr. and Bonnie Hafner, Trustees, Hafner Revocable Living Trust Agreement v. Zoning Hearing Board of Allen Township and Brian J. Kulp and Melissa J. Kulp. Walter N. Hafner, Jr., and Bonnie Hafner, Trustees, Hafner Living Trust Agreement v. Zoning Hearing Board of Allen Township and Brian J. Kulp and Melissa J. Kulp Appeal of Brian J. Kulp and Melissa J. Kulp.

Commonwealth Court of Pennsylvania.

Decided May 21, 2009.

Attorney(s) appearing for the Case

Leo V. DeVito, Bethlehem, for designated appellants.

Joseph J. Piperato, III, Bethlehem, for appellee, Zoning Hearing Board of Allen Township.

Thomas M. Caffrey, Allentown, for appellees, Brian J. Kulp and Melissa J. Kulp.

BEFORE: COHN JUBELIRER, Judge and SIMPSON, Judge (P), and FRIEDMAN, Senior Judge.

OPINION BY Judge SIMPSON.

These cross-appeals arise from a decision of the Court of Common Pleas of Northampton County (trial court) that affirmed two decisions of the Allen Township Zoning Hearing Board (ZHB). The proceedings before the ZHB arose from the inquiry of Brian J. Kulp and Melissa J. Kulp (Objectors) regarding the zoning applicable to an adjacent property where Walter N. Hafner, Jr. (Applicant) operates a tool repair business and a concrete cutting business...

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