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MESSINA v. EAST PENN TP.

No. 1919 C.D. 2009.

995 A.2d 517 (2010)

Charles N. MESSINA, Agnes Messina, Lehigh Asphalt Paving and Construction Co., Appellants v. EAST PENN TOWNSHIP, Nancy Blaha and Christopher Pekurny.

Commonwealth Court of Pennsylvania.

Decided May 26, 2010.

Attorney(s) appearing for the Case

John A. VanLuvanee, Blue Bell, for appellants.

James R. Nanovic, Jim Thorpe, for appellee, East Penn Township.

Joseph J. Matika, Summit Hill, for appellees, Nancy Blaha and Christopher Pekurny.

BEFORE: LEADBETTER, President Judge, McGINLEY, Judge, SIMPSON, Judge, LEAVITT, Judge, BROBSON, Judge, McCULLOUGH, Judge, and BUTLER, Judge.

OPINION BY Judge SIMPSON.

In this land use appeal, we consider whether a municipality failed to comply with certain procedural requirements for enactment of a zoning ordinance as set forth in the Pennsylvania Municipalities Planning Code (MPC),1 and whether any failure to do so resulted in a denial of procedural due process so as to render a zoning ordinance enacted 12 years earlier void ab initio.2...

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