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CLEMENS et al. v. U. GWYNEDD TWP. ZON. H. BD.

Appeal No. 84 C.D. 1971.

3 Pa.Commw. 71 (1971)

Clemens et al. v. Upper Gwynedd Township Zoning Hearing Board.

Commonwealth Court of Pennsylvania.

August 26, 1971.

Attorney(s) appearing for the Case

H. Kenneth Butera, with him Butera & Detwiler, for appellants.

Cassin W. Craig, with him David M. Jordan and Wisler, Pearlstine, Talone, Craig & Garrity, for appellee.

Argued June 3, 1971, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO and ROGERS.

OPINION BY JUDGE KRAMER, August 26, 1971:

This is an appeal from an Opinion and Order of the Court of Common Pleas of Montgomery County, sitting en banc, in which the lower court vacated the granting of a special exception by the Zoning Hearing Board of Upper Gwynedd Township (Board) to Alvin H. Clemens, et al. (appellants). The court also ordered a new hearing on the merits before the Board.

The appellants own a tract of land at the intersection of Allentown...

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