Commonwealth Court of Pennsylvania August 7, 2003 (Noah's Ark Christian Child Care Center, Inc. v. Zoning Hearing Board)

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United States · · · 07-08-2003

*764DISSENTING OPINION BY

Judge FRIEDMAN.

I respectfully dissent. The majority concludes, based solely on the uncontra-dicted testimony of Thomas B. Earhart, Esquire (Earhart), counsel for Second Baptist Church of Homestead (Second Baptist), that the Zoning Hearing Board (ZHB) of the Borough of West Mifflin (Borough) erred in finding that the principal use of the property at 612 Coal Road

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