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KEMP ET UX. v. WHITE OAK Z. H. B.

No. 1380 C.D. 1981.

70 Pa.Commw. 362 (1982)

George R. Kemp and Ann E. Kemp, his wife v. The White Oak Zoning Hearing Board. Borough of White Oak, Appellant.

Commonwealth Court of Pennsylvania.

December 13, 1982.

Attorney(s) appearing for the Case

Arnold V. Plum, with him William Richard Booth, Plum & Booth, for appellant.

James R. Mall, with him James Victor Voss, Meyer, Unkovic & Scott, for appellees.

Argued May 3, 1982, before President Judge CRUMLISH, JR. and Judges WILLIAMS, JR. and DOYLE, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., December 13, 1982:

The Allegheny County Common Pleas Court reversed a White Oak Zoning Hearing Board's (Board) denial of George and Ann Kemp's special exception application and the Board's conclusion that their requested use was not a permitted accessory use. The Borough of White Oak (Borough) appeals. The Kemps have moved to quash the appeal. We deny the Kemps' Motion to Quash and affirm the common pleas court.

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