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PLAXTON v. LYCOMING CTY. ZONING HEARING BD.

No. 123 C.D. 2009.

986 A.2d 199 (2009)

Arthur and Elke PLAXTON, Appellants v. LYCOMING COUNTY ZONING HEARING BOARD and Laurel Hill Wind Energy, LLC.

Commonwealth Court of Pennsylvania.

Decided December 4, 2009.

Reargument Denied January 21, 2010.

Attorney(s) appearing for the Case

Arthur Plaxton, appellant, pro se.

Karl K. Baldys, Williamsport, for appellee, Lycoming County Zoning Hearing Board.

Benjamin E. Landon, Williamsport, for appellee, Laurel Hill Wind Energy, LLC.

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

OPINION BY Judge SIMPSON.

In this land use appeal, Arthur and Elke Plaxton (Objectors), representing themselves, ask whether the Lycoming County Zoning Hearing Board (ZHB) erred in denying their substantive validity challenge to certain amendments to the Lycoming County Zoning Ordinance (zoning ordinance), which permit, by right, wind energy facilities in certain zoning districts in the County. Objectors assert the ordinance amendments are invalid because they: do...

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