# Daley v. Zoning Hearing Board

> Commonwealth Court of Pennsylvania · April 10, 2001 · 770 A.2d 815

URL: https://www.frixlaw.com/law-library/cases/9759088

## Case

- **Full name:** Kevin M. DALEY, Appellant, v. ZONING HEARING BOARD OF UPPER MORELAND TOWNSHIP and St. David’s Roman Catholic Church
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** April 10, 2001
- **Citations:** 770 A.2d 815; 2001 Pa. Commw. LEXIS 249
- **Precedential status:** Published
- **Opinion:** Dissent by Colins
- **Judges:** Colins, Smith, Mirarchi
- **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/9759088

## How later opinions describe it (automated extraction)

- affirming the grant of a variance for additional parking where the need for such parking to make reasonable use of the property was created by changes in the surrounding neighborhood

## Opinion text

COLINS, Judge,
Dissenting.
I must respectfully dissent from the fine opinion proffered by the majority.
While it is clear that the Church is entitled to some relief from the zoning ordinances, such that they may be allowed additional parking, the reduction of the buffer zone from fifty feet to five feet is draconian.
The surrounding landowners are having the value, use, and enjoyment of their properties altered radically with no showing of necessity. The five-feet buffer zone is illusory.
I would reverse the trial court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9759088. Public record. Not legal advice.