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SGARLAT v. KINGSTON BORO. BD. OF ADJ.

407 Pa. 324 (1962)

Sgarlat, Appellant, v. Kingston Borough Board of Adjustment.

Supreme Court of Pennsylvania.

May 7, 1962.

Attorney(s) appearing for the Case

Neville B. Shea, for appellants.

William J. Fahey, Solicitor, for Kingston Borough, appellee.

Wanda P. Chocallo, Assistant Attorney General, with her David Stahl, Attorney General, for Water and Power Resources Board, appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and O'BRIEN, JJ.

OPINION BY MR. JUSTICE COHEN, May 7, 1962:

This is an appeal from the final decree of the court en banc of Luzerne County affirming the refusal of appellee, Board of Adjustment of Kingston Borough (Board), either to grant appellants' request for a zoning variance or to declare the relevant zoning ordinance unconstitutional.

In 1936, Frank B. Sgarlat, individual appellants' father and predecessor in title purchased the tract of land at issue in these proceedings...

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