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DUFFY v. ZONING HEARING BD.

No. 2012 C.D. 2011

61 A.3d 1069 (2013)

John DUFFY and John B. Duffy, Jr. v. The ZONING HEARING BOARD OF UPPER CHICHESTER TOWNSHIP. Upper Chichester Township v. Zoning Hearing Board of Upper Chichester Township. Appeal of: Upper Chichester Township.

Commonwealth Court of Pennsylvania.

Decided January 30, 2013.

Attorney(s) appearing for the Case

John M. Sheridan , Media, for appellant.

James J. Byrne, Jr. , Media, for appellees John Duffy and John B. Duffy, Jr.

John J. Rendemonti , Glen Mills, for appellee Zoning Hearing Board of Upper Chichester Township.

BEFORE: LEADBETTER, Judge, and BROBSON, Judge, and FRIEDMAN, Senior Judge.

OPINION BY Senior Judge FRIEDMAN.

Upper Chichester Township (Township) appeals from the September 30, 2011, order of the Court of Common Pleas of Delaware County (trial court), which granted the land use appeal filed by John Duffy and John B. Duffy, Jr. (Applicants) and reversed the May 15, 2010, decision of the Upper Chichester Township Zoning Hearing Board (ZHB) declaring the proposed use of Applicants' property a use permitted by right pursuant to section 1102...

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