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WHITEHALL FIDUCIARY v. ZONING HEARING BD.

No. 1290 C.D. 2011.

49 A.3d 945 (2012)

WHITEHALL FIDUCIARY, LLC, Trustee, Appellant v. The ZONING HEARING BOARD OF the TOWNSHIP OF WHITEHALL and Whitehall Township.

Commonwealth Court of Pennsylvania.

Decided August 10, 2012.

Attorney(s) appearing for the Case

William G. Malkames , Allentown, for appellant.

Jeffrey B. Matzkin , Whitehall, for appellee The Zoning Hearing Board of the Township of Whitehall.

BEFORE: LEAVITT, Judge, and BROBSON, Judge, and McCULLOUGH, Judge.

OPINION BY Judge LEAVITT.

Whitehall Fiduciary, LLC (Trust), by its trustee, appeals an order of the Lehigh County Court of Common Pleas (trial court) that denied its land use appeal of a condition imposed by the Zoning Hearing Board of the Township of Whitehall upon its approval of the Trust's adult daycare facility. The condition at issue requires the Trust to install 159 parking spaces. The Trust contends that the Zoning Hearing Board abused its discretion because...

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