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ORANGE STONES CO. v. BOROUGH OF HAMBURG

No. 1454 C.D. 2010.

28 A.3d 228 (2011)

ORANGE STONES CO. v. BOROUGH OF HAMBURG, Zoning Hearing Board and Borough of Hamburg, Berks County, Pennsylvania. Borough of Hamburg v. Borough of Hamburg, Zoning Hearing Board and Orange Stones Co. Appeal of: Borough of Hamburg

Commonwealth Court of Pennsylvania.

Decided August 31, 2011.

Attorney(s) appearing for the Case

James E. Gavin , Wyomissing, for appellant.

Maria Casey , Williamsport, for appellee Orange Stones Co.

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

OPINION BY Judge BROBSON.

The Borough of Hamburg (Borough) appeals from an order of the Court of Common Pleas of Berks County (trial court), dated June 28, 2010, which granted the appeal of Orange Stones Co. (Orange Stones) and denied the appeal of the Borough from a decision of the Borough of Hamburg Zoning Hearing Board (Board). In so holding, the trial court affirmed in part and reversed in part the Board's decision, which granted Orange Stones' application for...

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