UNION TP. v. ETHAN MICHAEL, INC.

No. 95 C.D. 2009.

979 A.2d 431 (2009)

UNION TOWNSHIP and Union Township Zoning Hearing Board v. ETHAN MICHAEL, INC., Sophia Ariana, Inc. and Louis J. Mascaro, Appellants.

Commonwealth Court of Pennsylvania.

Decided July 23, 2009.

Reconsideration and Clarification Denied September 29, 2009.


Attorney(s) appearing for the Case

William F. Fox, Jr., Audubon and William H. Lamb, West Chester, for appellants.

Josele Cleary, Lancaster, for appellee, Union Township.

BEFORE: SIMPSON, Judge, FRIEDMAN, Senior Judge, and McCLOSKEY, Senior Judge.


OPINION BY Senior Judge McCLOSKEY.

Ethan Michael, Inc., Sophia Ariana, Inc., and Louis Mascaro (hereafter collectively referred to as EMI) petition for review of an order of the Court of Common Pleas of Berks County (trial court), reversing the decision and order of the Union Township Zoning Hearing Board (the Board), which granted EMI's application for special exception. We now reverse.

On August 14, 2001, EMI filed an application for special exception with...

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