noting that the zoning board, as factfinder, is the sole judge of credibility with the power to resolve conflicts in the testimony and to reject even uncontradicted testimony that it finds to be lacking in credibility
How later courts described this case
- noting that the zoning board, as factfinder, is the sole judge of credibility with the power to resolve conflicts in the testimony and to reject even uncontradicted testimony that it finds to be lacking in credibility
- noting the Zoning Board is the sole judge of credibility with power to resolve conflicts in testimony and to reject even uncontradicted testimony that it finds to be lacking in credibility
- observing that Section 916.1(h) requires broadened perspective concerning availability of land uses under challenged zoning provisions and multimunicipal comprehensive plan
- “The... Board as fact-finder is the sole judge of credibility with power to resolve conflicts in the testimony and to reject even uncontradicted testimony that it finds to be lacking in credibility.”
Written by the judges who cited it.
The opinion
CONCURRING OPINION
Justice EAKIN.
Allowance of appeal was granted to determine the application of Surrick v. Zoning Hearing Board of the Township of Upper Providence, 476 Pa. 182 , 382 A.2d 105 (1977), to the validity of a multi-municipal zoning ordinance. There being insufficient facts of record to do so, the Majority saves the issue for another day, making the lengthy discussion on this issue merely advisory in nature. As such, I would affirm the Commonwealth Court without opinion.