# Grace Building Co. v. Zoning Hearing Board

> Commonwealth Court of Pennsylvania · October 19, 1978 · 38 Pa. Commw. 193

URL: https://www.frixlaw.com/law-library/cases/6364626

## Case

- **Full name:** Grace Building Co., Inc. v. Zoning Hearing Board of The City of Allentown and Concerned Citizens in the Ninth Ward
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** October 19, 1978
- **Citations:** 38 Pa. Commw. 193; 392 A.2d 892; 1978 Pa. Commw. LEXIS 1355
- **Precedential status:** Published
- **Opinion:** Dissent by Wilkinson
- **Judges:** Blatt, Disalle, Wilkinson
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6364626

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6364626. Public record. Not legal advice.