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KELLY ET UX. v. Z.H.B., MARS BORO.

No. 1178 C.D. 1988.

124 Pa.Commw. 121 (1989)

554 A.2d 1026

A.D. Kelly and Shirley S. Kelly v. The Zoning Hearing Board of Mars Borough and Mars Borough. Mars Borough, Appellant.

Commonwealth Court of Pennsylvania.

March 9, 1989.

Attorney(s) appearing for the Case

John R. Walters, Jr., for appellant.

Thomas W. King, III, Dillon, McCandless & King, for appellees.

Argued February 6, 1989, before Judges COLINS and McGINLEY, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE COLINS, March 9, 1989:

Mars Borough (appellant) appeals an order of the Court of Common Pleas of Butler County entered April 26, 1988, reversing the decision of the Zoning Hearing Board of Mars Borough (Board) which had denied A.D. and Shirley S. Kelly's (appellees) application for a building permit. We reverse.

On July 27, 1987, appellees sought a permit for the construction of a...

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