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TKO REALTY, LLC v. ZONING HEARING BOARD

No. 2053 C.D. 2012

78 A.3d 732 (2013)

TKO REALTY, LLC, Appellant v. ZONING HEARING BOARD OF THE CITY OF SCRANTON.

Commonwealth Court of Pennsylvania.

Decided October 18, 2013.

Attorney(s) appearing for the Case

Jonathan E. Olivetti , Scranton, for appellant.

Daniel L. Penetar , Jr., Scranton, for appellee.

BEFORE: PELLEGRINI, President Judge, COVEY, and FRIEDMAN, Senior Judge.

OPINION BY Senior Judge FRIEDMAN.

TKO Realty, LLC (TKO) appeals from the September 26, 2012, order of the Court of Common Pleas of Lackawanna County (trial court) affirming the decision of the Zoning Hearing Board of the City of Scranton (ZHB) denying TKO a building permit to rehabilitate a structure into a three-unit dwelling. We reverse.

TKO owns property at 721-723 Columbia Street in the City of Scranton (City). The property is zoned R1-A and permits single...

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