Opinion

Grace Building Co. v. Zoning Hearing Board

  • 38 Pa. Commw. 193
  • 392 A.2d 892
  • 1978 Pa. Commw. LEXIS 1355
Court
Commonwealth Court of Pennsylvania
Filed
Oct 19, 1978
Status
Published
Author
Wilkinson
On the bench
Blatt, Disalle, Wilkinson
Cited by
11 cases

The opinion

Dissenting Opinion by

Judge Wilkinson

I must respectfully dissent. As quoted by the majority, Section 2804(3) of the ordinance provides that the right to continue the non-conforming use is lost if the premises “becomes unoccupied or unused and remains unoccupied or is not used during any continuous period of twenty-four (24) months.” I do not see any issue of abandonment. The majority acknowledges that the property remained “unoccupied or unused as a social club for a continuous 2 year period.” That concludes the matter. I would affirm the order of the trial court.

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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