Opinion

Meyers v. Board of Adjustment

  • 410 Pa. 201
  • 188 A.2d 730
  • 1963 Pa. LEXIS 588
Court
Supreme Court of Pennsylvania
Filed
Mar 19, 1963
Status
Published
Author
Bell
On the bench
Bell, Brien, Cohen, Eagen, Jones, Musmanno, Roberts
Cited by
1 cases
Authority
More cited than 48.9%

The opinion

Opinion by

Mr. Chief Justice Bell,

*202 The Zoning Board of Adjustment granted appellants a permit to erect a residence for nse as a sample house, and also to erect a garagé. Appellants spent $19,000 to erect the sample house, but improperly used the garage as an office for the conduct of their general business rather than for a garage. Eighteen months thereafter, the Board of Adjustment revoked the permit for the sample house and for the garage, such revocation to take effect six months thereafter. The lower Court, without taking testimony, affirmed the decision and Order of the Zoning Board. Appellants concede that the use of the garage for office purposes was improper and that this part of the Order requiring them to desist was proper. However, with respect to revocation of the permit for the sample house and its use, appellants had a vested interest in this house and were guilty of no conduct which justified a revocation of the permit and a nullification of their interests: Shapiro v. Zoning Board, 377 Pa. 621 , 105 A. 2d 299 ; Lower Merion Township v. Frankel, 358 Pa. 430, 433 , 57 A. 2d 900 ; Herskovits v. Irwin, 299 Pa. 155, 160 , 149 A. 195 .

The Order of the lower Court is affirmed with respect to appellants’ use of the garage; the Order of the lower Court affirming the revocation by the Zoning Board of Adjustment of appellants’ permit for and use of the dwelling as a sample house is reversed.

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.