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KREITZ v. ZONING BOARD ADJUSTMENT AND CIOTTI (02/29/72)

decided: February 29, 1972.

KREITZ, ET AL.
v.
ZONING BOARD OF ADJUSTMENT AND CIOTTI, INTERVENOR



Appeal from the Order of the Court of Common Pleas of Northampton County in case of Charles H. Yeager and Jacqueline Yeager, his wife, Ralph S. Evely and Ruth Evely, his wife, Alex L. Cruickshank and Helen Cruickshank, his wife, Francis H. Connolly and Delores Connolly, his wife, Chester R. Stem and Eva Stem, his wife, Frank Grad and Maria Grad, his wife, Arthur A. Kreitz and Lucy Kreitz, his wife, Clair E. Churchman and Helen Churchman, his wife, Mary Willson Hilliard and Kathryn Krausz v. Zoning Board of Adjustment of the City of Easton, No. 388, January Term, 1971.

COUNSEL

Elwood M. Malos, with him Renald S. Baratta and Malos, Baurkot & Baratta, for appellants.

Philip D. Lauer, for intervenor.

No appearance for appellee.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt.

Author: Per Curiam

[ 4 Pa. Commw. Page 603]

This appeal is from an order of the Court of Common Pleas of Northampton County dismissing an appeal

[ 4 Pa. Commw. Page 604]

    from the Zoning Hearing Board of the City of Easton, which granted a special exception for the construction of garden-type apartment units.

We have reviewed the record and we adopt the opinion of President Judge Clinton B. Palmer, following:

"This matter is before the court on the motion of Sebastian R. Ciotti, intervenor and grantee of a special exception by the Zoning Hearing Board of the City of Easton, to dismiss the appeal of Charles H. Yeager and Jacqueline Yeager, his wife, et al., from a decision of the Zoning Hearing Board of the City of Easton rendered March 2, 1971, granting intervenor a special exception for the construction of 90 garden-type apartment units north of the Lafayette Street Extension in Easton, Pennsylvania.

"On January 29, 1971, a hearing on the application of Sebastian R. Ciotti for a special exception for the construction of 90 garden-type apartment units in the City of Easton was held by the Zoning Board of Adjustment of the City of Easton. On March 2, 1971, the Zoning ...


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