Opinion

Valley Forge Industries, Inc. Appeal

  • 406 Pa. 387
  • 177 A.2d 450
  • 1962 Pa. LEXIS 689
Court
Supreme Court of Pennsylvania
Filed
Mar 13, 1962
Status
Published
Author
Bell
On the bench
Bell, Musmanno, Jones, Cohen, Eagen, O'Brien
Cited by
12 cases
Authority
More cited than 94.4%

The opinion

Opinion by

Mr. Chief Justice Bell,

This is a zoning appeal by plaintiff from the denial of a special exception to erect a building 40' x 100' and to pave the remainder of its lot so that it could store asphalt trucks. Plaintiff’s property, approximately 140' x 140', is in a Commercial Zone and the Zoning Ordinance of the Township permits the requested use when authorized by a special exception under certain safeguards set forth in the ordinance. The lower Court did not take any additioiial testimony and therefore the sole question properly before it was whether the Board of Adjustment had committed an error of law or a manifest abuse of its discretion:

Moyerman v. Glanzberg,

391 Pa. 387 , 138 A. 2d 681 ;

Richman v. Zoning Board of Adjustment,

391 Pa. 254 , 137 A. 2d 280 ;

*389

Archbishop O’Hara’s Appeal,

389 Pa. 35 , 131 A. 2d 587 .

The grounds stated by the Board and approved by the Court were: “It is the opinion of the Board that the requested use for which a special exception is requested would be detrimental to the appropriate use of adjacent residential property, because of dust, noise and odor; that the requested use would cause undue congestion of vehicular truck traffic and would endanger the safety of persons or property by improper location or design of facilities for ingress and egress.”

The appellant contends that the Board manifestly abused its discretion because traffic would only be slightly increased and the noise, dust and odor was only a possibility.

This Court cannot measure the degree or extent of noise, dust, odor or traffic. The evidence was carefully analyzed in the able opinion of Judge Gkoshens. It will suffice to say that there was sufficient evidence to sustain the findings of the Board and we can find no abuse of discretion.

Order affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.