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RALPH & J., INC. v. NESHANNOCK T. Z.H.B.

Nos. 254 and 344 C.D. 1988.

121 Pa.Commw. 83 (1988)

550 A.2d 586

Ralph & Joanne's, Inc. v. Neshannock Township Zoning Hearing Board et al. The Township of Neshannock, Appellant. Ralph & Joanne's, Inc. v. Neshannock Township Zoning Hearing Board et al. The Township of Neshannock, Appellant.

Commonwealth Court of Pennsylvania.

November 14, 1988.

Attorney(s) appearing for the Case

Donald J. Nicolls, Balph, Nicolls, Mitsos, Flannery & Motto, for appellant, Township of Neshannock.

Richard A. Harper, Mansell & Jamison, for Neshannock Township Zoning Hearing Board.

Carmen F. Lamancusa, Lamancusa & Cilli, P.C., for appellee, Ralph & Joanne's, Inc.

Argued October 6, 1988, before Judges BARRY and SMITH, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY SENIOR JUDGE BARBIERI, November 14, 1988:

The Township of Neshannock (Township) appeals the order of the Court of Common Pleas of Lawrence County that reversed an order of the Neshannock Township Zoning Board (Board) denying the application of Ralph & Joanne's, Inc. (Appellee) for a special exception. We reverse and reinstate the decision of the Board.

Appellee is the lessee of a storeroom...

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