# Latrobe Speedway, Inc. v. Zoning Hearing Board

> Supreme Court of Pennsylvania · November 19, 1997 · 549 Pa. 575

URL: https://www.frixlaw.com/law-library/cases/4954819

## Case

- **Full name:** LATROBE SPEEDWAY, INC. and Chester M. Aretta v. ZONING HEARING BOARD OF UNITY TOWNSHIP, WESTMORELAND COUNTY, Pennsylvania
- **Court:** Supreme Court of Pennsylvania
- **Decided:** November 19, 1997
- **Citations:** 549 Pa. 575; 701 A.2d 1358; 1997 Pa. LEXIS 2516
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4954819

## Opinion text

ORDER
PER CURIAM:
AND NOW, this 19th day of NOVEMBER, 1997, the Respondent’s Motion to Quash is DENIED. The Petition for Allowance of Appeal is hereby GRANTED, as to the following issue:
1. Whether the Commonwealth Court erred in reversing the Court of Common Pleas’ determination that before considering a question of abandonment, the threshold issue was whether the landowner established that the property had nonconforming use status at the time the relevant zoning ordinance took effect.
2. Whether the Commonwealth Court, in finding that the Board improperly placed the burden of proof on Respondents, itself improperly placed both the burden of proof *1359 and the burden of persuasion on Petitioner in reversing the Board’s decision.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4954819. Public record. Not legal advice.