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MASON v. SCHAEFER

410 Pa. 239 (1963)

Mason v. Schaefer, Appellant.

Supreme Court of Pennsylvania.

March 19, 1963.

Attorney(s) appearing for the Case

Alvin S. Ackerman, with him Paul R. Sand, Township Solicitor, and James A. Lynch, Assistant Township Solicitor, for appellant.

Robert B. Greer, with him Frederick D. Sarkis, and Stassen, Kephart, Sarkis & Scullin, and Butler, Beatty, Greer & Johnson, for appellee.

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

OPINION BY MR. JUSTICE O'BRIEN, March 19, 1963:

William Mason is the owner of a vacant lot on West Chester Pike at Ardsley Road in Upper Darby Township. The lot is ninety-five feet square and is zoned "B-Business", having been so zoned by the Upper Darby Zoning Ordinance of 1938. Among the uses permitted in a "B-Business" district, is a "public garage, sales, service and repair shops, . . . ." Such a use, however, requires the grant of a special exception by the zoning...

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