Above & Beyond Inc. v. Zoning Hearing Board of Upper Macungie Township

JOHNSON, J.,

Before the court for consideration are the zoning appeal notice/land use appeal filed in the case docketed at 2009-C-2233 on May 1, 2009 and the zoning appeal notice/land use appeal filed in the case docketed at 2009-C-3088. The court heard argument on these appeals on August 19, 2009.

As explained more fully below, the appeals are denied and dismissed.

I. BACKGROUND FACTS

The appellant in the matter docketed at 2009-C-2233, Above & Beyond Inc., is the operator of the proposed *387personal care home. The real estate proposed for the facility is comprised of two lots owned by Nadir F.…