Opinion

Kelly v. Zoning Board of Adjustment

  • 2 Pa. Commw. 136
Court
Commonwealth Court of Pennsylvania
Filed
Dec 1, 1969
Status
Published
Author
Kramer
On the bench
Bowman, Crumlish, Kramer, Manderino, Mencer, Sloane, Wilkinson
Cited by
2 cases
Authority
More cited than 9.0%

The opinion

Concurring Opinion by

Judge Kramer:

I note my concurrence in the result of the opinion of the majority. However, I would also like to note that with regard to any specific issue raised by any of these property owners (of what are now nonconforming uses) who desire to expand their nonconforming use within the meaning of the ruling of the Pennsylvania Supreme Court in the case of Silver v. Philadelphia Zoning Board of Adjustment, 435 Pa. 99 , 255 A. 2d 506 (1969), I would hold that such an expansion issue does not come within the purview of the majority’s *142 opinion. If any of the present owners of what are now nonconforming uses in what is known as the “Vernon Road Triangle” in the future present an issue concerning the use of their property to some other commercial use, I would reserve those issues to be ruled, upon under the facts presented to the court rather than to preclude such determination by the holding of the majority in this case.

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.