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POHLIG BUILDERS v. ZHB OF SCHUYLKILL TP.

No. 782 C.D. 2010.

25 A.3d 1260 (2011)

POHLIG BUILDERS, LLC v. ZONING HEARING BOARD OF SCHUYLKILL TOWNSHIP and Schuylkill Township Board of Supervisors. Schuylkill Township Board of Supervisors v. Zoning Hearing Board of Schuylkill Township and Pohlig Builders, LLC. Appeal of: Township of Schuylkill and Schuylkill Township Board of Supervisors.

Commonwealth Court of Pennsylvania.

Decided March 17, 2011.

Publication Ordered May 27, 2011.

Attorney(s) appearing for the Case

Scot R. Withers , West Chester, for appellants.

John C. Snyder and Megan E. King , Wayne, for appellee.

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

MEMORANDUM OPINION

OPINION BY Judge BUTLER.

In this zoning appeal, the Schuylkill Township Board of Supervisors (Township) asks whether the Zoning Hearing Board of Schuylkill Township (ZHB) erred in granting Pohlig Builders, LLC's (Developer) request for a variance from the steep slope regulations contained in Section 1925 of the Schuylkill Township Zoning Ordinance of 1955 (zoning ordinance). The requested variance would allow Developer to disturb a relatively...

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