![]() ![]() The primary issue in this appeal is whether the trial court abused its discretion by relying on the record made before the Zoning Hearing Board instead of conducting a new evidentiary hearing. After the trial court reviewed the merits of the case de novo, it concluded that Landowner did not prove a hardship as necessary to warrant the grant of a variance. ![]() Landowner had received a deemed approval of the variance from the Zoning Hearing Board of Lower Paxton Township, but it was appealed by an objector, Harry Ulsh. Triple Crown Corporation (Landowner) appeals an order of the Court of Common Pleas of Dauphin County (trial court) denying Landowner's application for a variance to construct 449 residential units on its property. BEFORE: HONORABLE BONNIE BRIGANCE LEADBETTER, Judge HONORABLE MARY HANNAH LEAVITT, Judge HONORABLE PATRICIA A. ![]()
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