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Robert TALKISH, Barbara Talkish, William Milton, and Mildred Milton, v. ZONING HEARING BOARD OF HARBORCREEK TOWNSHIP and Brookside Fire Company v. Township of Harborcreek. Petition of Robert Talkish, Barbara Talkish, William Milton, and Mildred Milton

Supreme Court of Pennsylvania2000-08-28No. Petition No. 683 W.D. Alloc.Dkt. 1999
562 Pa. 631757 A.2d 366

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Opinion

majority opinion

ORDER

PER CURIAM:

AND NOW, this 28th day of August, 2000, the Petition for Allowance of Appeal is hereby GRANTED, limited to the following issue:

Whether this Court’s holding in Hertzberg v. Zoning Board of Adjustment of the City of Pittsburgh, 554 Pa. 249, 721 A.2d 43 (1998), which applied a relaxed evidentiary standard for dimensional variances, overrules the requirement that an applicant for a variance present substantial evidence of all five requirements set forth in the Municipal Planning Code, 53 P.S. § 10910.2(a)(1)-(5)?