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JOSEPH v. NORTH WHITEHALL TP. BD. OF SUP'RS

No. 770 C.D. 2010.

16 A.3d 1209 (2011)

Jerome JOSEPH and North Whitehall for Sustainable Development, Appellants v. NORTH WHITEHALL TOWNSHIP BOARD OF SUPERVISORS, North Whitehall Township and Wal-Mart Stores East, L.P.

Commonwealth Court of Pennsylvania.

Decided March 11, 2011.

Attorney(s) appearing for the Case

Thomas H. Dinkelacker , Orefield, for appellants.

Lisa A. Young , Schnecksville, for appellees North Whitehall Township Board of Supervisors and North Whitehall Township.

Eric J. Schock , Center Valley, for appellee Wal-Mart Stores East, L.P.

BEFORE: LEADBETTER, President Judge, and McCULLOUGH, Judge, and FRIEDMAN, Senior Judge.

OPINION BY President Judge LEADBETTER.

Jerome Joseph and North Whitehall for Sustainable Development, a citizens' group, (collectively, Objectors), appeal from the order of the Court of Common Pleas of Lehigh County that affirmed the decision of the Board of Supervisors of North Whitehall Township (Board) granting the application of Wal-Mart Stores East, L.P. (Wal-Mart) seeking conditional use approval for a planned commercial development.

The Objectors argue...

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