Rabenold V. Zoning Hearing Board Of The Borough Of Palmerton

On December 17, 1997, this Court filed a previous opinion and order affirming the order of the Carbon County Court of Common Pleas in the above- captioned matter.*fn1 Thereafter, Frank DePaulo and Frank DePaulo, Jr. (Appellants) filed an Application for Reargument on December 29, 1997. While this Court denied reargument, we did grant reconsideration to revisit the issue of the timeliness of the appeal in view of the decisions of Beecham Enterprises, Inc. v. Zoning Hearing Board, 556 A.2d 981 (Pa. Cmwlth. 1989) (Beecham I), and Beecham Enterprises, Inc. v. Zoning Hearing Board, 530 Pa. 272, 608 A.2d 1017 (1992) (Beecham II) and whether the subject use of the property was a permitted use under the zoning ordinance of Palmerton Borough. Upon reconsideration, we again affirm the judgment of the Common Pleas Court.