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DOMIJO, LLC v. McLAIN

No. 1329 C.D. 2011

41 A.3d 967 (2012)

DOMIJO, LLC, d/b/a Treesmiths Utility Arborists and Spring Brook Township Zoning Hearing Board v. Randy and Tamara McLAIN and John and Jeanette Shelly and Dorothy McLain and John and Dolores Butler, Appellants.

Commonwealth Court of Pennsylvania.

Decided April 18, 2012.

Attorney(s) appearing for the Case

Christopher P. Cullen , Scranton, for appellants.

Karoline Mehalchick , Clarks Summit, for appellees DoMiJo, LLC, d/b/a Treesmiths Utility Arborists.

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

OPINION BY Judge SIMPSON.

In this zoning appeal, Objectors1 ask whether the Court of Common Pleas of Lackawanna County (trial court) erred in reversing the decision of the Spring Brook Township Zoning Hearing Board (ZHB) to deny DoMiJo, LLC (Applicant) a certificate of nonconforming use. Objectors contend the trial court erred in determining that Applicant was eligible for a certificate of nonconforming use and in determining a legal nonconforming...

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