Opinion

Stoner v. Pottsville Zoning Board of Adjustment

  • 413 Pa. 462
  • 198 A.2d 510
  • 1964 Pa. LEXIS 697
Court
Supreme Court of Pennsylvania
Filed
Mar 17, 1964
Status
Published
On the bench
Bell, Brien, Cohen, Eagen, Jones, Musmanno, Roberts
Cited by
1 cases
Authority
More cited than 56.4%

The opinion

Opinion

Per Curiam,

This is an appeal from an order in the court below, which, after hearing, affirmed a decision of the zoning board of adjustment, directing the issuance of a certificate of nonconformance for certain premises located in Pottsville Borough, Schuylkill County.

Upon the date of the passage of the zoning ordinance involved, and subsequent thereto, the premises were used for textile manufacturing, a nonconforming use. The owner now seeks to use the premises for the storage and wholesale jobbing of paper products, also a nonconforming use.

The zoning ordinance permits the change from one nonconforming use to another if the new use is not included in a higher use classification under the provisions of the ordinance. The lower court concluded that the new use met this test and was not one included in a higher classification. We find no abuse of discretion or error of law.

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.

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