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TINK-WIG MOUNTAIN LAKE v. LACKAWAXEN TP.

No. 1063 C.D. 2009

986 A.2d 935 (2009)

TINK-WIG MOUNTAIN LAKE FOREST PROPERTY OWNERS ASSOCIATION, Appellant v. LACKAWAXEN TOWNSHIP ZONING HEARING BOARD.

Commonwealth Court of Pennsylvania.

Decided December 16, 2009.

Attorney(s) appearing for the Case

Gregory D. Malaska, Stroudsburg, for appellant.

R. Anthony Waldron, Hawley, for appellee, Lackawaxen Township.

Thomas F. Farley, Hawley, for appellee, Steven Heinrich.

BEFORE: LEADBETTER, President Judge, and McCLOSKEY, Senior Judge, and QUIGLEY, Senior Judge.

OPINION BY Senior Judge McCLOSKEY.

Tink-Wig Mountain Lake Forest Property Owners Association (the Association) appeals an order of the Court of Common Pleas of Pike County (trial court) denying its land use appeal from the Lackawaxen Township Zoning Hearing Board's (the Board's) issuance of a zoning permit for the construction of a wind turbine on the real property of one of its members. We now affirm.

Tink-Wig is a planned community of approximately 800 lots...

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