Upper Allen Township v. Zoning Hearing Board

Opinion by

Judge MacPhail,

Clepper Farms, Inc. (Appellant) has appealed from an order of the Court of Common Pleas of Cumberland County which granted its motions to quash two zoning appeals filed with that court by Appellees1 and remanded for a hearing' on the merits. Appellant specifically challenges the remand portion of the court’s order.

The history of this land use dispute, aptly characterized by the court of common pleas as a “recurring procedural nightmare,” began with the rejection of Appellant’s preliminary subdivision plan by the Board of Commissioners of Upper Allen Township…