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BURGOE R. CO., INC. v. BERN TWP. Z.H.B.

Nos. 2466 C.D. 1987 and 2478 C.D. 1987.

121 Pa.Commw. 561 (1988)

551 A.2d 5

Burgoe Realty Co., Inc., Appellant v. Bern Township Zoning Hearing Board and Township of Bern, Appellees. Burgoe Realty Co., Inc. v. Bern Township Zoning Hearing Board and Township of Bern. Township of Bern, Appellant.

Commonwealth Court of Pennsylvania.

December 8, 1988.

Attorney(s) appearing for the Case

Charles E. Zaleski, Tive, Hetrick & Pierce, P.C., with him, Mervin A. Heller, Baskin, Mendelsohn, Leisawitz, Heller & Abramowitch, for appellant/appellee, Burgoe Realty Co., Inc.

Scott L. Huyett, for appellee, Zoning Hearing Board of Bern Township.

Stephen G. Welz, for appellee/appellant, Township of Bern.

Argued September 12, 1988, before Judges DOYLE, BARRY and McGINLEY, sitting as a panel of three.

OPINION BY JUDGE BARRY, December 8, 1988:

Burgoe Realty Co., Inc. and the Township of Bern have both appealed from an order of the Court of Common Pleas of Berks County which reversed in part and affirmed in part a decision of the Bern Township Zoning Hearing Board (Board).

Burgoe filed an application for approval of a subdivision plan with the Township. At the same time, it filed an application with the Board seeking a variance, a special exception, an interpretation...

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