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IN THE COMMONWEALTH COURT OF PENNSYLVANIA Sixth Angel Shepherd Rescue, Inc., Appellant : : : v. : : Zoning Hearing Board of the Borough : No. 589 C.D. 2011 of Marcus Hook : Argued: May 14, 2012 BEFORE: HONORABLE DAN PELLEGRINI, President Judge HONORABLE ANNE E. COVEY, Judge HONORABLE JAMES GARDNER COLINS, Senior Judge

OPINION NOT REPORTED MEMORANDUM OPINION BY PRESIDENT JUDGE PELLEGRINI

FILED: June 4, 2012

Sixth Angel Shepherd Rescue, Inc. (Sixth Angel) appeals from an order of the Court of Common Pleas of Delaware County (trial court) affirming the decision of the Zoning Hearing Board of the Borough of Marcus Hook (Board) upholding the cease and desist order issued to Sixth Angel because it was housing, kenneling and maintaining dogs at its office location without a permit. Discerning no error in the Board's decision, we affirm.

Terry Silva (Silva) is the president, manager and legal counsel for Sixth Angel, a non-profit corporation which is licensed by the Commonwealth to

operate a rescue network kennel pursuant to the Dog Law.1 Sixth Angel rents office space at 13-15 West Tenth Street, a six-unit office building located in the Borough of Marcus Hook (Borough) in Delaware County. This office space is located in a Central Retail District2 which permits general retail sales, service salons and offices with residential units permitted on the upper levels. 3 According
Act of December 7, 1982, P.L. 784, 3 P.S.

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Pennsylvania Law