KS DEVELOP. CO. v. LOWER NAZARETH TP.

No. 2302 C.D. 2015, No. 2312 C.D. 2015.

149 A.3d 105 (2016)

KS DEVELOPMENT COMPANY, L.P. and KS Development Company 2, L.P. v. LOWER NAZARETH TOWNSHIP and AAA of Northampton County and Robert and Beverly Hoyer and Woodmont Properties, LLC. Appeal of: Woodmont Properties, LLC. KS Development Company, L.P. and KS Development Company 2, L.P., Appellants, v. Lower Nazareth Township and AAA of Northampton, Robert and Beverly Hoyer, Wind-Drift Real Estate Associates, Woodmont Properties.

Commonwealth Court of Pennsylvania.

Filed: October 26, 2016.


Attorney(s) appearing for the Case

Catherine E. Naughton Durso , and Erich Schock, Center Valley, for appellant.

Gary N. Asteak , Easton, for appellee Lower Nazareth Township.

Steven E. Hoffman , Allentown, for appellee AAA of Northampton County.

Donald W. Miles , Bethlehem, for appellees Wind-Drift Real Estate Associates, Robert Hoyer and Beverly Hoyer.

James F. Preston , Bethlehem, for appellees KS Development Company, L.P. and KS Development Company 2, L.P.

BEFORE: HONORABLE RENÉE COHN JUBELIRER, Judge, HONORABLE MICHAEL H. WOJCIK, Judge, HONORABLE JAMES GARDNER COLINS, Senior Judge.


OPINION BY SENIOR JUDGE COLINS

In these consolidated appeals, KS Development Company, L.P. and KS Development Company 2, L.P. (collectively KS Development), and Woodmont Properties, LLC (Woodmont), seek to reverse the October 23, 2015 order of the Court of Common Pleas of Northampton County (Trial Court) affirming the January 14, 2015 decision and order of the Lower Nazareth Township Board of Supervisors (Board), which denied KS Development's request...

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