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LAKE ADVENTURE COMMUNITY ASS., INC. v. DINGMAN TP. ZONING

No. 1947 C.D. 2012

79 A.3d 708 (2013)

LAKE ADVENTURE COMMUNITY ASSOCIATION, INC. v. DINGMAN TOWNSHIP ZONING HEARING BOARD and Dingman Township Board of Supervisors. Appeal of: Dingman Township Board of Supervisors.

Commonwealth Court of Pennsylvania.

Decided July 10, 2013.

Attorney(s) appearing for the Case

John J. Mahoney , Chester Springs , for appellant.

Tammy L. Clause , Newfoundland, for appellee Lake Adventure Community Association, Inc.

Debra P. Fourlas , Harrisburg, for amici curiae Pennsylvania Recreation Vehicle and Camping Association and Recreation Vehicle Industry Association.

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

OPINION BY Judge McCULLOUGH.

Dingman Township Board of Supervisors (Board) appeals from the October 1, 2012 order of the Court of Common Pleas of Pike County (trial court), which granted the land use appeal of Lake Adventure Community Association, Inc. (Landowner), reversed the decision of the Dingman Township Zoning Hearing Board (ZHB), and declared a portion of Ordinance 02-2010 (Ordinance) substantively invalid. We affirm.

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