KESSLER v. ZONING BOARD

No. 38.

24 Pa. D. & C. 2d 418 (1960)

Kessler v. Zoning Board of Adjustment

Common Pleas Court of Montgomery County, Pennsylvania.

December 29, 1960.


Attorney(s) appearing for the Case

Smillie, Bean, Davis & Tredinnick, for appellants.

E. Menges, for appellee.


GROSHENS, J., December 29, 1960.

This is an appeal from the refusal of the Zoning Board of Adjustment of Horsham Township to grant a variance permitting the owners of a tract of land to utilize fully an approved and recorded subdivision plan where there had been a change in zoning subsequent to approval and recordation of the plan.

The owners rely principally upon a "vested rights" theory, maintaining that their predecessor in title had obtained a vested interest...

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