STRECK v. LOWER MACUNGIE TP. BD. OF COM'RS

Nos 1804 C.D. 2011, 1809 C.D. 2011

58 A.3d 865 (2012)

Thomas STRECK, Darlene Adonizio, Gerald Kronk, Peter H. Kells, Ronald Moyer, Constance Moyer, Joseph Castagna, Kimberly Castagna, and Karen Kronk v. LOWER MACUNGIE TOWNSHIP BOARD OF COMMISSIONERS and David M. Jaindl, Individually, and Jaindl Realty, L.P. Appeal of: Lower Macungie Township Board of Commissioners. Thomas Streck and Darlene Adonizio, h/w, Gerald Kronk and Karen Kronk, h/w, Peter H. Kells, Ronald Moyer and Constance Moyer, h/w, Joseph Castagna and Kimberly Castagna, h/w v. Lower Macungie Township Board of Commissioners and David M. Jaindl, Individually and Jaindl Realty, L.P. Appeal of: David M. Jaindl and Jaindl Realty, L.P.

Commonwealth Court of Pennsylvania.

Decided December 14, 2012.


Attorney(s) appearing for the Case

Joseph A. Zator II , Allentown, for appellants David M. Jaindl and Jaindl Realty, L.P.

Donald W. Miles , Bethlehem, Thomas C. Anewalt , Reading, and Robert N. Rust III , Allentown, for appellees.

BEFORE: LEADBETTER, Judge, and LEAVITT, Judge, and COLINS, Senior Judge.


OPINION BY Judge LEAVITT.

The Township of Lower Macungie and David M. Jaindl and Jaindl Realty, L.P. (collectively, Jaindl) appeal an order of the Court of Common Pleas of Lehigh County (trial court) that invalidated the 2010 amendments to the Zoning Ordinance of Lower Macungie Township.1 The trial court did so because it found that the 2010 amendments had not been enacted in accordance with the public notice requirements for a zoning...

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