Opinion

Upper St. Clair Township Grange Zoning Case

  • 397 Pa. 67
  • 152 A.2d 768
  • 1959 Pa. LEXIS 428
Court
Supreme Court of Pennsylvania
Filed
Jul 2, 1959
Status
Published
Author
Bell
On the bench
Jones, Bell, Musmanno, Cohen, Bok, McBride
Cited by
21 cases
Authority
More cited than 8.9%

The opinion

*75 Concurring Opinion by

Mr. Justice Bell:

I concur in the result, but completely disagree with that part of the majority opinion which states that the Church was a “permitted use” by virtue of the Ordinance of 1926. For approximately 40 years before the ordinance, this Church was a lawful building on the premises upon which it was erected. The fact that in 1926 a zoning ordinance was passed which made a Church in this district a “permitted” use, “subject to Township approval of location and site plans” is not only presently irrelevant but highly prejudicial to the Church. That “permission” could not legally transform and restrict this lawfully existing Church into only a “permissive” use, and thereby prohibit its natural ex pansion, increase extension or growth, to which it would be entitled as a matter of right — not a matter of “permission” or grace — under principles governing what the cases have inaptly called a “non-conforming” use. See: Pierce Appeal, 384 Pa. 100, 105 , 119 A. 2d 506 ; Gilfillan’s Permit, 291 Pa. 358, 362 , 140 A. 136, 138 ; Haller Baking Co.’s Appeal, 295 Pa. 257, 261, 262 , 145 A. 77, 79 ; Cheswick Borough v. Bechman, 352 Pa. 79, 82 , 42 A. 2d 60, 62 ; Schneider v. Zoning Board, 389 Pa. 593 , 133 A. 2d 536 ; Yocum Zoning Case, 393 Pa. 148, 152 , 141 A. 2d 601 .

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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