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IN RE McGLYNN

No. 1257 C.D. 2008.

974 A.2d 525 (2009)

In re Appeal of Shawn F. McGLYNN,: Martin Boksenbaum, Jann Dillman, Donald L. Ryan, Jr., Marylou E. Walck, and Trevor S. Jones From the Decision of The Board of Supervisors of Lehigh Township Granting Conditional Use Approval to L.U.R.R.S. Appeal of Shawn F. McGlynn, Martin Boksenbaum, Jann Dillman, Donald L. Ryan, Jr., Marylou E. Walck, and Trevor S. Jones.

Commonwealth Court of Pennsylvania.

Decided May 21, 2009.

Attorney(s) appearing for the Case

H. Peter Nelson, Perkasie, for appellants.

Matthew J. Goodrich, Bangor, for appellee, L.U.R.R.S.

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

OPINION BY Judge SIMPSON.

An important issue in this appeal is whether the failure to strictly comply with the public notice provisions of the Pennsylvania Municipalities Planning Code (Code)1 resulted in a denial of procedural due process so as to render a decision on a conditional use application void ab initio.

The Board of Supervisors (Board) of Lehigh Township (Township) granted a conditional use application (Use Application...

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