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4154 ROOSEVELT STREET v. ZONING HEARING BD.

No. 1311 C.D. 2013

93 A.3d 901 (2014)

4154 ROOSEVELT STREET, LLC, Appellant v. ZONING HEARING BOARD OF THE TOWNSHIP OF WHITEHALL and Township of Whitehall.

Commonwealth Court of Pennsylvania.

Decided April 7, 2014.

Attorney(s) appearing for the Case

Mark R. Malkames , Allentown, for appellant.

Jeffrey B. Matzkin , Whitehall, for appellee Zoning Hearing Board of the Township of Whitehall.

Christopher W. Gittinger , Allentown, for appellee Township of Whitehall.

BEFORE: BONNIE BRIGANCE LEADBETTER, Judge, and MARY HANNAH LEAVITT, Judge, and PATRICIA A. McCULLOUGH, Judge.

OPINION BY Judge McCULLOUGH, Judge.

4154 Roosevelt Street, LLC (Roosevelt) appeals from the July 11, 2013 order of the Court of Common Pleas of Lehigh County (trial court), which affirmed the decision of the Zoning Hearing Board of the Township of Whitehall (Board) denying Roosevelt's application for: a special exception to change from the pre-existing nonconforming use as an industrial building to a nonconforming use as an apartment building; a special exception...

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