Opinion

Harborgette Co. v. Zoning Hearing Board

  • 13 Pa. Commw. 157
  • 318 A.2d 770
  • 1974 Pa. Commw. LEXIS 908
Court
Commonwealth Court of Pennsylvania
Filed
Apr 19, 1974
Status
Published
On the bench
Blatt, Bowman, Crumlish, Kramer, Mencer, Rogers, Wilkinson
Cited by
1 cases
Authority
More cited than 65.9%

The opinion

Opinion

Per Curiam,

This case was a “companion case” in the court below with Rickert Nurseries v. Lower Makefield Township Zoning Securing Board, 24 Bucks Co. L. Rep. 201 (1973). In Rickert, the lower court directed the issuance of a building permit, holding that the zoning ordinance was unconstitutional under Girsh Appeal, 437 Pa. 237 , 263 A. 2d 395 (1970), for failure to provide for townhouses or attached two-story single-family dwellings anywhere in the Township. In Rickert, the applicant met all other requirements for the issuance of the building permit.

In this case, the lower court affirmed the Zoning Hearing Board’s refusal of the permit because the appellant failed to meet the ordinance’s minimum floor area requirements, as ably set forth in the opinion of Judge Ruee, as reported in 24 Bucks Co. L. Rep. 207 (1973), which we adopt.

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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