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GULAN v. ZHB OF EAST BERLIN BOROUGH

No. 1616 C.D. 2010

23 A.3d 629 (2011)

Richard GULAN and Tina Gulan, Appellants v. ZONING HEARING BOARD OF EAST BERLIN BOROUGH and East Berlin Borough.

Commonwealth Court of Pennsylvania.

Decided June 22, 2011.

Attorney(s) appearing for the Case

John J. Baranski, Jr. , York, for appellants.

Victor Alfred Neubaum, Jr. , York, for appellee Zoning Hearing Board of East Berlin Borough.

BEFORE: McGINLEY, Judge, and COHN JUBELIRER, Judge, and LEAVITT, Judge.

OPINION BY Judge McGINLEY.

Richard Gulan (Gulan) and Tina Gulan (Mrs. Gulan) (collectively, the Gulans) appeal the order of the Court of Common Pleas of Adams County (common pleas court) that affirmed the decision of the East Berlin Borough Zoning Hearing Board (Board) that the smoker/cooker placed on the street in front of the Gulans' business was a sign and because it was placed on the sidewalk within the right-of-way it violated Section 507(1) of the East Berlin...

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