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ACKERMAN v. UPPER MT. BETHEL TP.

130 Pa.Commw. 254 (1989)

567 A.2d 1116

Earl ACKERMAN and Margaret D. Ackerman, his wife, Appellants, v. UPPER MT. BETHEL TOWNSHIP and Bethel Heights Associates, Inc., Appellees.

Commonwealth Court of Pennsylvania.

Decided December 21, 1989.

Attorney(s) appearing for the Case

Ronald W. Shipman, Shipman & Grifo, Easton, for appellants.

Richard J. Haber, Haber & Corriere, Bethlehem, for appellee, Upper Mt. Bethel Tp.

John Molnar, Cassebaum, McFall & Molnar, P.C., Bangor, for intervenor, Bethel Heights Associates, Inc.

Before CRAIG and BARRY, JJ., and BARBIERI, Senior Judge.

CRAIG, Judge.

Earl and Margaret Ackerman appeal an order of President Judge Williams of the Court of Common Pleas of Northampton County that dismissed their appeal challenging the Upper Mount Bethel Township Board of Supervisors' adoption of a zoning amendment as violating section 41 of the Sunshine Act.

The facts are not in dispute. On October 13, 1987, Bethel Heights Associates, Inc. (BHA)2 petitioned...

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