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CONCERNED CITIZENS v. BUTLER TP.

135 Pa.Commw. 262 (1990)

580 A.2d 470

ASSOCIATION OF CONCERNED CITIZENS OF BUTLER VALLEY, Appellant, v. BUTLER TOWNSHIP BOARD OF SUPERVISORS and Clyde Sumner and Greater Hazleton Community Area New Development Organization, Inc., a/k/a Can-Do, Inc., Appellees.

Commonwealth Court of Pennsylvania.

Decided September 24, 1990.

Attorney(s) appearing for the Case

Joseph P. Giovannini, Jr., Winkler, Danoff & Lubin, for appellant.

Anthony J. Dixon, West Hazleton, for appellee, Butler Township Board of Supervisors.

Henry A. Giuliani, Giuliani & Bernstein, Hazleton, for appellee, Clyde Sumner.

Before DOYLE and PALLADINO, JJ., and NARICK, Senior Judge.

DOYLE, Judge.

The Association of Concerned Citizens of Butler Valley (Citizens) appeals an order of the Court of Common Pleas of Luzerne County which affirmed the decision of the Butler Township Board of Supervisors (Supervisors) to amend the Butler Township Zoning Ordinance.

Although no findings were made below, the following facts appear not to be in dispute. Clyde Sumner has owned real estate in Butler Township since 1962. He acquired the real estate prior...

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