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OZARK v. Z.H.B., B. of W. PITTSTON

No. 274 C.D. 1985.

96 Pa.Commw. 414 (1986)

507 A.2d 932

Joseph L. Ozark, Jr., Appellant v. The Zoning Hearing Board of the Borough of West Pittston, Appellee.

Commonwealth Court of Pennsylvania.

April 17, 1986.

Attorney(s) appearing for the Case

Barry J. Chromey, for appellant.

Chester D. Newhart, for appellee.

James T. Lesho, for intervenor, Joseph Castellino.

Argued February 4, 1986, before Judges ROGERS and BARRY, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY SENIOR JUDGE BARBIERI, April 17, 1986:

Joseph L. Ozark appeals here the order of the Luzerne County Court of Common Pleas granting the motion of the Zoning Hearing Board of the Borough of West Pittston (Board) to quash Ozark's appeal from the Board's denial of Ozark's application for a variance to erect a three foot by five foot illumination sign on property zoned R-2.

The Board scheduled a hearing on March 15, 1984 to consider Ozark's application...

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