Opinion

Berk v. Zoning Hearing Board

  • 16 Pa. Commw. 48
  • 328 A.2d 927
  • 1974 Pa. Commw. LEXIS 590
Court
Commonwealth Court of Pennsylvania
Filed
Dec 9, 1974
Status
Published
Author
Cbumush
On the bench
Cbumush, Crumlish, Kramer, Wilkinson
Cited by
2 cases
Authority
More cited than 59.2%

The opinion

Opinion by

Judge Cbumush, Jk.,

This appeal is from an order of the Court of Common Pleas of Lehigh County, dated February 26, 1974, affirming the Township of Whitehall Zoning Hearing Board’s refusal to grant a special exception for the purpose of constructing and operating a 30,000 square foot supermarket in a C-l Neighborhood Commercial zoning district. A grocery store or meat market with a total floor space of less than 5,000 square feet and "other similar retail business or service establishments which supply commodities or perform services primarily for residents of surrounding neighborhoods” are permitted by special exception in a C-l zone. The zoning hearing board determined that the proposed supermarket did not constitute a "similar retail business,” and accordingly refused to grant a special exception. After a careful review of the record and the applicable law, we find neither an abuse of discretion nor an error of *50 law in the Zoning Hearing Board’s determination, and so we affirm. In so doing, we adopt the able opinion of Judge John E. Backbnstoe of the court below which is reported at 35 Lehigh L. J. 461 (1974).

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.

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.