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PPM ATLANTIC v. FAYETTE COUNTY ZONING HR'G

No. 1431 C.D. 2010.

22 A.3d 253 (2011)

PPM ATLANTIC RENEWABLE v. FAYETTE COUNTY ZONING HEARING BOARD, Neil Brown and Thomas J. Bozek. Appeal of: Thomas J. Bozek.

Commonwealth Court of Pennsylvania.

Decided May 3, 2011.

Reargument Denied June 23, 2011.

Attorney(s) appearing for the Case

Gary Nixon Altman , Uniontown, for appellant.

Daniel W. Rullo , Somerset, for appellee PPM Atlantic Renewable.

BEFORE: PELLEGRINI, Judge, and SIMPSON, Judge, and FRIEDMAN, Senior Judge.

OPINION BY Judge SIMPSON.

In this complex zoning case, we confront the impact of an objector's failure to either appeal from or satisfy an order to post bond as a condition of continuing with an appeal from the trial court's decision on the merits.

Thomas J. Bozek (Objector) asks whether the Court of Common Pleas of Fayette County (trial court) erred in reversing a decision of the Fayette County Zoning Hearing Board (ZHB).1 After...

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