ATIYEH v. BD. OF COM'RS OF TP. OF BETHLEHEM

No. 180 C.D. 2011

41 A.3d 232 (2012)

Abraham ATIYEH, Appellant v. BOARD OF COMMISSIONERS OF THE TOWNSHIP OF BETHLEHEM.

Commonwealth Court of Pennsylvania.

Decided April 5, 2012.


Attorney(s) appearing for the Case

John A. Van Luvanee , Doylestown, for appellant.

Stanley J. Margle, III , Bethlehem, for appellee Township of Bethlehem.

Joseph J. Piperato, III , Bethlehem, for appellee Board of Commissioners of the Township of Bethlehem.

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


OPINION BY Senior Judge FRIEDMAN.

Abraham Atiyeh (Appellant) appeals from the January 11, 2011, order of the Court of Common Pleas of Northampton County (trial court), which sustained the decision of the Board of Commissioners (Board) of Bethlehem Township (Township) denying Appellant's curative amendment and finding that the Bethlehem Township Zoning Ordinance (Ordinance) is not de jure exclusionary. We reverse.

On February 6, 2009, Appellant filed...

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