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ORANGE STONES CO. v. CITY OF READING, ZHB

Nos. 2561 C.D. 2010, 2634 C.D. 2010.

32 A.3d 287 (2011)

ORANGE STONES CO., Appellant v. CITY OF READING, ZONING HEARING BOARD and Jennifer Guckin, Zoning Administrator. Orange Stones Co. v. City of Reading, Zoning Hearing Board and Jennifer Guckin, Zoning Administrator v. College Heights Community Council, Appellant.

Commonwealth Court of Pennsylvania.

Decided October 28, 2011.

Reargument Denied December 30, 2011.

Attorney(s) appearing for the Case

Maria Casey , Williamsport, for appellant.

Osmer Sage Deming , Reading, for appellee City of Reading Zoning Hearing Board.

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

OPINION BY Judge McCULLOUGH.

Orange Stones Co. (Applicant) and College Heights Community Council (Community Council) appeal the November 8, 2010, order of the Court of Common Pleas of Berks County (trial court) granting in part and denying in part Applicant's complaint in mandamus and request for peremptory judgment. The trial court's order remanded the matter to the City of Reading's (City) Zoning Hearing Board (Board) to conduct a hearing within 90 days on Applicant...

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