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EAST LACKAWANNOCK APPEAL

No. 2325 C.D. 1981.

75 Pa.Commw. 33 (1983)

Gary L. Butch v. East Lackawannock Township Zoning Appeal Board. East Lackawannock Township, Appellant.

Commonwealth Court of Pennsylvania.

June 9, 1983.

Attorney(s) appearing for the Case

Timothy R. Bonner, Wherry, Ketler and Bonner, for appellant.

James A. Stranahan IV, Stranahan and Stranahan, for appellee.

Argued October 4, 1982, before President Judge CRUMLISH, JR. and Judges WILLIAMS, JR. and DOYLE, sitting as a panel of three.

OPINION BY JUDGE DOYLE, June 9, 1983:

Before this Court is an appeal by East Lackawannock Township from a decision and order of the Court of Common Pleas of Mercer County requiring the East Lackawannock Township Zoning Appeal Board (Board) to grant a variance to Gary L. Butch (Appellee). We reverse.

In February of 1981, Appellee began to excavate his property for the purpose of constructing a building...

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