# Pantry Quik, Inc. v. Zoning Board of Adjustment of City of Hazleton

> Commonwealth Court of Pennsylvania · March 3, 1971 · 1 Pa. Commw. 326

URL: https://www.frixlaw.com/law-library/cases/9542561

## Case

- **Full name:** Pantry Quik, Inc. v. Zoning Board of Adjustment of the City of Hazleton
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** March 3, 1971
- **Citations:** 1 Pa. Commw. 326; 274 A.2d 571; 1971 Pa. Commw. LEXIS 527
- **Precedential status:** Published
- **Opinion:** Dissent by Mencer
- **Judges:** Mencer, Bowman, Crumlish, Kramer, Wilkinson, Manderino, Menoer, Rogers
- **Cited by:** 14 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/9542561

## Opinion text

Dissenting Opinion by
Judge Mencer:
I respectfully dissent. I would remand this case to the judge below to malte the findings of fact and conclusions of law required by the provisions of Section 1009 of the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P. L. , art. X, §1009 (53 P.S. §11009). This section specifically mandates that the decision of the judge be based upon the findings of fact made by the zoning hearing board as supplemented and replaced by findings of fact made by the judge. In the instant case the judge made no findings of fact, and *332 therefore Ms decision would by necessity be based on the findings of fact made by the board, and Ms final decision simply could not be supported by such findings, which are inconsistent with his decision.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9542561. Public record. Not legal advice.