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VITALE ET AL. v. Z. H. B., UPPER DARBY TWP. ET AL.

No. 475 C.D. 1980.

63 Pa.Commw. 604 (1982)

Peter Vitale et al. v. Zoning Hearing Board of Upper Darby Township et al. Nicholas Micozzie, Appellant.

Commonwealth Court of Pennsylvania.

January 5, 1982.

Attorney(s) appearing for the Case

Joseph P. Mylotte, Curran, Mylotte, David & Fitzpatrick, for appellant.

Henry B. Fitzpatrick, Jr., Liebert, Short, Fitzpatrick & Lavin, for appellees.

Argued November 18, 1981, before President Judge CRUMLISH and Judges MacPHAIL and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, January 5, 1982:

Nicholas Micozzie (Appellant) has appealed to this Court from an order of the Court of Common Pleas of Delaware County, which reversed the decision of the Zoning Hearing Board of Upper Darby Township (Board) and granted a variance to Appellees1 for the construction of forty-four apartment units on a 3.21-acre tract.

The record discloses that the tract in question is located in an R-1...

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