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BERK ET AL. v. ZON. H. BD., TWP. OF WHITEHALL

No. 390 C.D. 1974.

16 Pa.Commw. 48 (1974)

Nathan L. Berk and Henrietta Berk, Appellants, v. Zoning Hearing Board, Township of Whitehall, Appellee.

Commonwealth Court of Pennsylvania.

December 9, 1974.

Attorney(s) appearing for the Case

William H. Eckensberger, Jr., for appellants.

F. Paul Laubner, with him Harry A. Kitey, for appellee.

Martin J. Karess and Charles J. Fonzone, with them Walker, Thomas, Karess, Lipson & Zieger, for intervening protestants.

Argued October 11, 1974, before Judges CRUMLISH, JR., KRAMER and WILKINSON, JR., sitting as a panel of three.

OPINION BY JUDGE CRUMLISH, JR., December 9, 1974:

This appeal is from an order of the Court of Common Pleas of Lehigh County, dated February 26, 1974, affirming the Township of Whitehall Zoning Hearing Board's refusal to grant a special exception for the purpose of constructing and operating a 30,000 square foot supermarket in a C-1 Neighborhood Commercial zoning district. A grocery store or meat market with a total floor space of less than 5,000 square feet and ...

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