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WISTUK v. LOWER MT. BETHEL TP. ZONING

887 A.2d 343 (2005)

Jessica WISTUK, Appellant v. LOWER MT. BETHEL TOWNSHIP ZONING HEARING BOARD and Lower Mt. Bethel Township Board of Supervisors.

Commonwealth Court of Pennsylvania.

Decided November 23, 2005.

Attorney(s) appearing for the Case

Peter C. Layman, Bangor, for appellant.

Dwight L. Danser, Easton, for appellee, Lower Mt. Bethel Township Zoning Hearing Board.

Christopher T. Spadoni, Bethlehem, for appellee, Lower Mt. Bethel Township Board of Supervisors.

BEFORE: COLINS, President Judge, and McGINLEY, Judge, and PELLEGRINI, Judge, and FRIEDMAN, Judge, and COHN JUBELIRER, Judge, and SIMPSON, Judge, and LEAVITT, Judge.

OPINION BY Judge PELLEGRINI.

Jessica Wistuk (Wistuk) appeals from an order of the Court of Common Pleas of Northampton County (trial court) affirming the decision of the Zoning Hearing Board of Lower Mt. Bethel Township (Board) denying her request for a deemed approval of a variance and special exception to operate a dog kennel on her property located in Lower Mt. Bethel Township (Township).

Wistuk owns approximately 17 acres of land in an Agricultural Zoning...

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