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IN RE APPEAL OF DIPPOLITO

833 A.2d 336 (2003)

APPEAL OF Michael DIPPOLITO from the Decision of the Zoning Hearing Board of Upper Merion Township, Appeal of Upper Merion Township.

Commonwealth Court of Pennsylvania.

Decided October 7, 2003.

Attorney(s) appearing for the Case

Sean P. Flynn, Norristown, for appellant.

Robert J. Kerns, Lansdale, for appellee.

BEFORE: PELLEGRINI, Judge, and LEADBETTER, Judge, and KELLEY, Senior Judge.

OPINION BY Judge PELLEGRINI.

Upper Merion Township (Township) appeals from an order of the Court of Common Pleas of Montgomery County (trial court) reversing the decision of the Zoning Hearing Board of Upper Merion Township (Board) and granting the request for a special exception filed by Michael Dippolito (Dippolito) allowing him to operate a tub grinder on his property.

Dippolito owns two acres of property which is part of an approved three-lot subdivision...

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