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IN RE BROAD MOUNTAIN DEVELOPMENT CO., LLC

No. 1254 C.D. 2010.

17 A.3d 434 (2011)

In re: Appeal of BROAD MOUNTAIN DEVELOPMENT COMPANY, LLC from the Decision of the Butler Township Zoning Hearing Board. Appeal of: Broad Mountain Development Company, LLC.

Commonwealth Court of Pennsylvania.

Decided March 7, 2011.

Attorney(s) appearing for the Case

Martin J. Cerullo , Pottsville, for appellant.

Michael G. Crotty , Chester Springs, for appellees Butler Township Zoning Hearing Board and Butler Township.

Anthony J. Urban and Brian J. Urban , Pottsville, for intervenors Joseph Kleeman, Benfamine and Merri Lynn Craig, Thomas Malloy, John and James Whitcomb, Robert Griffiths, and Joan and George Moyer.

BEFORE: McGINLEY, Judge, and BROBSON, Judge, and QUIGLEY, Senior Judge.

OPINION BY Judge BROBSON.

Broad Mountain Development Company, LLC, (Developer) appeals from an order of the Court of Common Pleas of Schuylkill County (trial court), which affirmed an order of the Zoning Hearing Board of Butler Township (Board), revoking a zoning permit. The Developer sought to develop a wind turbine project (the Project) in a Woodland-Conservation (WC) Zoning District located in Butler Township (Township). More than one year after the Township's...

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