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GRANT v. ZONING HEARING BD. OF PENN TP.

776 A.2d 356 (2001)

Raymond K. GRANT and Patricia S. Grant, husband and wife, and Betty T. Grant, v. ZONING HEARING BOARD OF THE TOWNSHIP OF PENN, v. West Penn Power Company and Allegheny Energy Units 6 and 7, LLC, Thomas B. Transue and Lora L. Transue, husband and wife, David D. Burkardt and Catherine Burkardt, husband and wife, Robert Mastrogiacomo and Dawn L. Mastrogiacomo, husband and wife. Appeal of West Penn Power Company and Allegheny Energy Units 6 and 7, LLC.

Commonwealth Court of Pennsylvania.

Decided June 21, 2001.

Attorney(s) appearing for the Case

Bernard P. Matthews, Jr., Greensburg, for appellants.

Andrea Geraghty, Pittsburgh, for appellees.

Before DOYLE, President Judge, KELLEY, Judge, FLAHERTY, Senior Judge.

FLAHERTY, Senior Judge.

Appellants, West Penn Power Company (West Penn) and Allegheny Energy Units 6 & 7 LLC (Allegheny) appeal from an order of the Court of Common Pleas of Westmoreland County (trial court) which overruled the decision of the Penn Township Zoning Hearing Board (Board) granting special exception approval to Allegheny to erect an electric generating facility on property zoned A 1 Agricultural.

On January 18, 2000 Allegheny filed an application...

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