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FREEDOM HEALTHCARE v. ZONING HEARING BOARD

No. 1917 C.D. 2008.

983 A.2d 1286 (2009)

FREEDOM HEALTHCARE SERVICES, INC., Appellant v. ZONING HEARING BOARD OF the CITY OF NEW CASTLE.

Commonwealth Court of Pennsylvania.

Decided November 17, 2009.

Attorney(s) appearing for the Case

Jonathan Solomon, New Castle, for appellant.

Angelo A. Papa, New Castle, for appellee.

BEFORE: McGINLEY, Judge, PELLEGRINI, Judge, and KELLEY, Senior Judge.

OPINION BY Judge PELLEGRINI.

Freedom Healthcare Services, Inc. (Freedom) appeals an order of the Court of Common Pleas of Lawrence County (trial court) affirming the Zoning Hearing Board of the City of New Castle's (Board) denial of its application to operate a medical clinic because it does not have the requisite parking. For the reasons that follow, we reverse.

Freedom is the lessee of certain property located in the City of New Castle which is zoned C&...

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